Calif. Court Sets Equitable Contribution Precedent

Law360, New York (March 11, 2010, 3:00 PM EST) -- A California appeals court has ruled that in order to recover damages in an equitable contribution suit, an insurer must prove that it has paid more than its fair share — even in a case against another insurance company that has paid nothing.

The Second Appellate District for the State of California on Wednesday remanded a case brought by Scottsdale Insurance Co., who sought contributions from Century Surety Co. for defense and indemnification in more than a hundred underlying lawsuits. The court asked for a recalculation...
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