Hartford Casualty Insurance v. Mid-Century Insurance
Opinion
Opinion
Premo, J.
— Plaintiff Hartford Casualty Insurance Company (hereafter, Hartford) appeals from the judgment entered after a court trial on stipulated facts. Hartford sued Mid-Century Insurance Company (hereafter, Mid-Century) contending it was equitably entitled to indemnity for settlement costs of $35,000 and defense costs of $26,500 in the underlying action. The trial court found that Hartford was not entitled to indemnity from Mid-Century. The underlying action, Haines v. Edwards (Super.Ct. Santa Clara County, No. 636559), was one for personal injuries arising out of an automobile collision. We affirm.
Facts and Procedural Background
On February 19, 1987, Robert Edwards was driving a 1965 CMC truck while acting in the course and scope of his employment with Azonic Technology, Inc. (hereafter, Azonic). The truck belonged to Stuart Solomon, who was also employed by Azonic, and who had lent it to his employer. Solomon had auto insurance on the truck with Mid-Century. While Edwards was driving, he rear-ended a car driven by Thomas Haines, injuring Haines. Haines sued Solomon and Edwards for negligence, and later added Azonic as a Doe defendant.