Case Summary

5009 Where one insurer sued another for an equitable contribution in over 300 underlying claims, the trial court held that the defendant owed a 50-percent equitable contribution for eighty claims. Although the plaintiff failed to show that it paid more than its fair share of the underlying claims, the defendant presented such evidence using allocation formulae agreed upon by the plaintiff and other insurers in the underlying suits. The Court of Appeal remanded the case to the trial court to use one of these formulae to recalculate the equitable contribution owed by the defendant.

SCOTTSDALE INS CO v CENTURY SURETY CO (Equitable Contribution Allocation Formula) 182 CA4 1023 [See Fireman's Ins Co v Maryland Casualty Co. 65 CA4 1279]