Kwock

EDMONDSON PROPERTY MANAGEMENT v. Kwock

Good Law
156 Cal. App. 4th 197·67 Cal. Rptr. 3d 243
Court of Appeal of CaliforniaOctober 18, 2007F050458California3,954 words

Opinion

Opinion

Wiseman, J.

This is an appeal from a judgment in which the trial court found that appellant Farmers Insurance Group (Farmers) owed contribution to respondent California Capital Insurance Company (Capital) for payment made under Capital’s policy pursuant to a negotiated settlement in a personal injury action. The personal injury action (case No. 144149) was filed after a seven-year-old child fell off the roof of a storage shed located adjacent to the apartment she shared with her mother and on property owned by Lin Kwock. Kwock employed Edmondson Property Management (Edmondson) to manage the apartment complex where the child lived. Both Kwock and Edmondson were named as defendants in the personal injury action. Kwock was insured by Capital. Edmondson was an additional insured under the policy by virtue of its role as property manager. Additionally, Farmers insured Edmondson under a general business liability policy. Since both Kwock and Edmondson were insured under the terms of Capital’s policy, Capital defended both individuals in the personal injury action. Ultimately, the lawsuit settled within Capital’s policy limits, but Farmers refused to contribute to the settlement claiming…

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