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Equitable Indemnity

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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St. Paul Fire & Marine Ins. . Co. . v. . Amerisourcebergen Corp. ., No. G059967, 2022 Cal. App. LEXIS 535 (Ct. App. June 20, 2022)

The trial court did not abuse its discretion in staying this case under CCP 410.30 on the ground of forum non conveniens.  The complaint sought a declaration regarding the plaintiffs' duty to defend and indemnify defendants under various insurance policies for opioid litigation brought against defendants throughout the country.  There was already an on-going coverage action involving plaintiff and defendant… Read More

The Travelers Indem. Co. of Conn. v. Navigators Specialty Ins. Co., No. D078852, 2021 Cal. App. LEXIS 856 (Ct. App. Sep. 22, 2021)

The plaintiff insurer did not void its claim for equitable contribution by other insurers allegedly covering the loss by alleging that after paying for the insured's defense, it discovered facts that it claimed showed it owed the insured no coverage.  The duty to defend attaches immediately and is not undermined by later discovery of facts that show coverage was not… Read More