Escamilla
Escamilla v. California Insurance Guarantee Ass'n
Opinion
Opinion
Frisco, J.
This is an appeal from a judgment entered in favor of respondent California Insurance Guarantee Association (CIGA), following a trial to the court. As a protective measure CIGA appeals that judgment in favor of cross-defendant Terheggen Brothers and Malone, Inc., (Terheggen) as to CIGA’s cross-complaint.
Procedural and Factual Background
Appellants (Escamillas) were, on July 27, 1976, awarded a judgment in. Los Angeles Superior Court against Melvin W. Crites d/b/a Two C’s Club (Crites) in the sum of $100,000 in a wrongful death and personal injury action.
The judgment was expressly conditioned so that it could be executed against an insurance policy previously issued by Reserve Insurance Company (Reserve). Reserve refused to pay or satisfy that judgment and subsequently filed an action against Escamillas entitled “Complaint for Declaratory Relief,” contending that it was not obligated to indemnify Crites or compensate the Escamillas on that judgment.
Escamillas filed an answer denying the allegations of said complaint together with a cross-complaint against Reserve to collect the judgment, whereupon Reserve filed a cross-complaint against Terheggen, the agency who…