Aetna

Cross-complainant and appellant Aetna Health Plans of California, Inc. (Aetna), appeals after the trial court granted summary judgment in favor of cross-defendant and respondent Yucaipa-Calimesa Joint Unified School District (Yucaipa), and dismissed Aetna’s cross-complaint against Yucaipa.

The case presents the question whether indemnity or contribution may be had between two insurers that each potentially provided coverage for the same incident, and in particular whether one insurer may allege a cause of action for contribution or indemnity from the other insurer when both insurers’ conduct may have contributed to a single tort injury.

The trial court granted summary judgment on the theory that, as a matter of law, no cause of action could be maintained for contribution or indemnity as between the two insurers, because their liability for damages is several under Proposition 51. Because the liability of each insurer has been made several, and therefore divisible, by statute, and the plaintiff’s recovery against each insurer for noneconomic damages is limited only to the amount proportional to the insurer’s fault, we conclude that Aetna’s cross-complaint could not…