CAL. INS. GUAR. ASS'N v. Superior Court

David F. Peterson, Marguerite L. Brown, Agoura Hills, for Amicus Curiae National Conference of Insurance Guarantee Funds on behalf of Petitioner.

Daniel E. Lungren, Attorney General, David S. Chaney, Supervising Deputy Attorney General, Joseph M. O'Heron, Deputy Attorney General, for Real Party in Interest.

JOHNSON, Associate Justice.

This case involves a dispute between the California Insurance Commissioner (Commissioner) and the California Insurance Guarantee Association (CIGA) over which of them is entitled to the sums CIGA recovered through subrogation actions after it paid covered claims. The Commissioner contends as liquidator of the insolvent insurance company he is entitled to the sums CIGA recovered because they are assets of the insolvent insurer's estate. CIGA contends as the state's statutory insurance guarantee association it is entitled to the sums it recovered through subrogation because it paid the claims. The issue appears to be one of first impression in any jurisdiction.

We conclude to the extent CIGA pays covered claims with its own assets, such as proceeds from the premiums it charges its members, it is entitled to retain the amounts it recovers through…