Reliance

Reliance National Indemnity Co. v. General Star Indemnity Co.

Good Law
1999 Cal. App. LEXIS 561·72 Cal. App. 4th 1063·85 Cal. Rptr. 2d 627·99 Daily Journal DAR 5748·99 Cal. Daily Op. Serv. 4549
Court of Appeal of CaliforniaJune 9, 1999B120030California7,545 words

Opinion

Opinion

Turner, J.

I. Introduction

Plaintiff, Reliance National Indemnity Company (Reliance), appeals from summary judgment entered in favor of defendant, General Star Indemnity Company (General Star), on a complaint for indemnity and contribution. Reliance seeks complete indemnity from General Star for moneys expended in defense and settlement of a lawsuit in federal court in Rhode Island. We affirm because we conclude the principal authority relied upon by Reliance, Rossmoor Sanitation, Inc. v. Pylon, Inc. (1975) 13 Cal.3d 622, 628-635 [ 119 Cal.Rptr. 449 , 532 P.2d 97 ] (hereafter Rossmoor), is not controlling in this case, which involves a coverage dispute between primary and excess insurance carriers.

II. Background

A. The Parties, Policies, and the Underlying Lawsuit

This action is based upon several insurance policies issued to Don Law Company, Inc. (Don Law) and Lollapalooza Joint Venture, a joint venture of Perry Farrell doing business as Bells Are Ringing, Inc., Ted Gardner doing business as Woomera, Inc., and William Morris Agency doing business as Morwill Entertainment, Inc. For purposes of clarity, the joint venture will be referred to as “Lollapalooza” in the balance of…

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