Old Republic Ins. Co. v. Superior Court of L.A. Cty.

In these consolidated writ proceedings, petitioners Old Republic Insurance Company (Old Republic) (No. B118920) and First General Insurance Company (First General) and Colonial Penn Insurance Company (Colonial) (No. B118923) (collectively, petitioners) ask us to direct the trial court to enter summary judgment in their favor on a complaint for contribution and indemnification filed by the real party in interest, Nautilus Insurance Company (Nautilus). This case arose after Nautilus was found to be liable to provide a defense and indemnity to its insureds with respect to certain third party multiyear claims which had been asserted against them. Petitioners had also issued liability policies to the same insureds but, unlike Nautilus, they had denied coverage and refused to participate in a defense. By this action, Nautilus seeks to compel petitioners to contribute to the cost of the insureds’ defense and indemnity which Nautilus has been required to provide. Petitioners moved for summary judgment on Nautilus’s complaint on the ground that there was never any potential for coverage under the policies which they had issued to the insureds. When the trial court denied…