Contribution From Another Insurer Must First Prove That it Paid More Than Its Share of the Loss

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When multiple insurers share the same defense obligation, the defense costs are typically allocated equally. When an insurance company refuses to defend, those insurers which do contribute to the defense may seek contribution from the insurer(s) that do not. Scottsdale Insurance Co. v. Century Surety Co., __ Cal. App. 4th ___ (March 10, 2010) addresses such a situation. ...In the published portion of the opinion, the Court discussed the important issues of damages and burden of proof in an action for equitable contribution by one insurer against another. The trial court concluded that Scottsdale was entitled to equitable contribution from Century with respect to approximately 80 of the underlying actions.

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