DOBBAS v. VITAS
This case reviews the denial of American Guarantee and Liability Insurance Company's motion to intervene in an action between James Dobbas and Fred Vitas and Fred Vitas Insurance Agency. The action is based on Vitas's failure to obtain excess insurance to cover an injury for which Dobbas was liable and for which American Guarantee was obligated to pay as an excess insurer. American Guarantee's claimed interest in the action is as a subrogee to Dobbas for Vitas's liability for failing to provide insurance to cover the injury. However, since both Vitas and American Guarantee agreed to provide insurance covering the same event, their relationship is not defined by the principles of subrogation, but by the principles of equitable contribution.
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