Continental Ins. v. American Equity Ins
Filed 3/29/06 Continental Ins. v. American Equity Ins. CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FIVE
| CONTINENTAL INSURANCE COMPANY, Plaintiff and Appellant, v. AMERICAN EQUITY INSURANCE COMPANY, Defendant and Respondent. |
A109642
(San Francisco County Super. Ct. No. CGC-03-425464)
|
In this appeal, two liability insurers, Continental Insurance Company and American Equity Insurance Company, dispute whether American Equity owed a duty to defend the two carriers' common insured against a third party lawsuit. In the court below, Continental sought to recover from American Equity a share of the costs of defense and settlement of the lawsuit against the insured. The superior court granted American Equity's motion for summary judgment, holding that the pleadings and extrinsic evidence in the third party action did not set forth a potentially covered claim of â€
