Low

American National Insurance v. Low

Good Law
101 Cal. Rptr. 2d 288·2000 Cal. App. LEXIS 859·2000 Daily Journal DAR 11961·84 Cal. App. 4th 914·2000 Cal. Daily Op. Serv. 9023
Court of Appeal of CaliforniaNovember 8, 2000B137765California5,281 words

Opinion

Opinion

Curry, J.

This case involves the proper interpretation of the statutory provisions which prioritize claims among creditors of insolvent insurance companies, and govern the obligations of the California Insurance Guarantee Association (CIGA) to policyholders of insolvent member insurers. Under the Insurance Code, CIGA is obligated to pay an insolvent member insurer’s “covered claims,” which are defined, on the one hand, to include all obligations of the insurer arising from an insurance policy and, on the other, to exclude all'obligations to insurers. (Ins. Code, § 1063.1, subd. (c).) Section 1033, which contains the priority scheme for payment of claims by an insolvent insúrer’s estate, similarly excludes from priority obligations owed to insurers. The issue raised in this appeal is whether appellant American National Insurance Company, which is itself in the business of providing insurance to the public, can obtain priority for its claims as a policyholder after the insurer to which it looked for liability coverage became insolvent. Appellant maintains that as an insured seeking payment under the terms of a policy, its claims are entitled to policyholder priority. Respondent…

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