N. Am. Capacity Ins. Co. v. Claremont Liab. Ins. Co., No. B207878

In an equitable contribution action between two insurers, trial court's judgment is affirmed where: 1) substantial evidence supports the trial court's findings regarding the project completion date; 2) the court did not err in ruling that the contractors warranty endorsements in defendant's policies were enforceable preconditions for coverage; and 3) coverage was not available under defendant's umbrella policy. Furthermore, substantial evidence supports the trial court's allocation of relative responsibility to the carriers, and the court properly exercised its discretion in setting the amounts of equitable contribution   

Read N. Am. Capacity Ins. Co. v. Claremont Liab. Ins. Co., No. B207878

Appellate Information

Filed September 2, 2009

Judges

Opinion by Judge Flier

Counsel

For Appellant: Grimm, Vranjes, McCormick & Graham, A. Carl Yaeckel and Charles A. Phllilps

For Respondent:  Selman Breitman, Sheryl Q. Leichenger, Eldon S. Edson and Tam T. Glunt.