Barth-Wittmore Insurance v. H. R. Murphy Enterprises, Inc.

Cross-defendants and cross-complainants, Barth-Wittmore Insurance et al., appeal from order dismissing a cross-complaint for declaratory relief, finding that a settlement was made in good faith and specifying certain issues to be without substantial controversy. We have determined that the order purportedly appealed from is not an appealable order.

I

Facts

H. R. Murphy Enterprises, Inc. (Murphy) entered into a contract with Thums Long Beach Company (Thums) to transport and haul oil field equipment to and from various Thums operating sites. The contract provided that Murphy would defend, indemnify and hold Thums harmless in any actions for injury or death brought against Thums and arising in whole or in part from Murphy’s performance under the contract. The contract required Murphy to carry compensation insurance and liability insurance including Thums as a named insured, and to deliver to Thums a duly completed and executed certificate of insurance evidencing the required coverage. Murphy’s insurance agent, Barth-Wittmore Insurance (Barth), provided this certificate of insurance which showed Thums as an additional insured for general liability and automobile liability…