Truck Insurance Exchange v. Fireman's Fund Insurance
Opinion
Opinion
Reardon, J.
In an action for equitable subrogation, equitable contribution, declaratory relief and damages for breach of contract, defendant Fireman’s Fund Insurance Company (FFIC) successfully moved to disqualify the law firm of Crosby, Heafey, Roach & May (Crosby) from acting as counsel for plaintiff Truck Insurance Exchange (Truck). Truck has appealed.
I. Facts
A. Introduction
The underlying lawsuit was commenced in February 1990. Kaiser Cement Corporation, Kaiser Gypsum Company, Inc. (collectively, Kaiser), and Truck seek contribution from FFIC and other insurers to defend and indemnify Kaiser against third party asbestos-related bodily injury lawsuits. Truck alleged that it alone had undertaken the defense of Kaiser and had expended more than $11.3 million in defense costs and almost $1.3 million in indemnity expenses for those claims. A key issue in the coverage cases is the terms of insurance policies issued by FFIC between 1939 and 1964. At the time the lawsuit was initiated, Truck was represented by the law firm of Ropers, Majeski, Kohn, Bentley, Wagner & Kane (Ropers).
On January 11, 1991, the trial court granted FFIC’s motion to disqualify Ropers. Truck then asked…