Financial Pacific Ins. Co. v. W. Coast Fire Prot. Systems
Filed 4/25/06 Financial Pacific Ins. Co. v. W. Coast Fire Prot. Systems CA3
(use .pdf version or print layout in Word to see graphic, p. 6)
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Sacramento)
| FINANCIAL PACIFIC INSURANCE COMPANY, Plaintiff and Appellant, v. WEST COAST FIRE PROTECTION SYSTEMS CO., Defendant and Respondent. | C048772
(Super. Ct. No. 03AS00779)
|
Story Continued from Part III……….
I respectfully dissent.
Financial Pacific (Financial) seeks to be subrogated to Sierra Olympus's (Sierra) indemnity rights against West Coast under an insurance policy between West Coast and Sierra in order to recover the amounts it paid West Coast's employee, Guffey, in settlement, on behalf of Sierra, of the underlying action by Guffey against Sierra and Blueline.
The trial court denied Financial's summary judgment motion in its action against West Coast on the ground its settlement of the underlying action was subject to the doctrine of contribution and not subrogation. The majority opinion reverses the summary judgment, ruling that the doctrine of contribution does not bar the action by Financial. With that much I agree. However, in so doing, the opinion claims it avoids many issues â€
