Interstate Fire & Cas. Ins. v. Calif. Ins. Guar.

This appeal is from a judgment entered March 14, 1980, after the demurrer of defendant California Insurance Guarantee Association (hereafter CIGA) to the amended complaint of Interstate Fire and Casualty Insurance Company (hereafter Interstate) was sustained without leave to amend.

The amended complaint is in four counts, each based upon the same alleged facts embellished with various legal theories. Although the complaint is denominated "for declaratory relief," it is in substance an action on a matured claim for money allegedly due.

Allstar Insurance Corporation (hereafter Allstar) issued to Holiday Hill Ski Lift (hereafter Holiday) primary liability insurance with limits of $100,000 per claimant. Plaintiff Interstate provided excess insurance for losses over $100,000, with a limit of $1 million. A person named Schuller, who was injured on Holiday's premises, sued Holiday for $250,000 in damages. Around March 7, 1977, when the case was at issue, Allstar became insolvent, and CIGA took over the defense pursuant to Insurance Code section 1063.2. It is alleged that both Allstar, prior to its insolvency, and CIGA, afterwards, had opportunities to settle the…