The Housing Group v. Pma Capital Insurance

Defendants PMA Capital Insurance Company, as successor in interest to Caliber One Indemnity Company, and Caliber One Management Company appeal from an order, filed November 19, 2009, denying their petition to compel arbitration of a dispute concerning attorney fees to be paid to an alleged Cumis counsel. 1 (See Civ. Code, § 2860, subd. (c).) We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On July 10, 2007, plaintiffs The Housing Group, Golden State Developers, Inc., Castro Valley Associates, LR, and Castro Valley, Inc., commenced this lawsuit against their insurers defendants PMA Capital Insurance Company, as successor in interest to Caliber One Indemnity Company, and Caliber One Management Company (hereinafter collectively referred to as Caliber One). The record does not include a copy of the first amended complaint, the operative pleading, which was filed May 22, 2008. Caliber One describes the pleading as one in which plaintiffs seek damages for “breach of contract, bad faith, fraud, declaratory relief, malicious prosecution, and negligent representation . . . .” Plaintiffs describe the pleading as seeking damages for Caliber *1153 One’s failure and refusal to defend…