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AMERICAN BANKERS INS. CO v. AVCO-LYCOMING DIVISION

Docket No. 18489.

97 Cal.App.3d 732 (1979)

159 Cal. Rptr. 70

AMERICAN BANKERS INSURANCE COMPANY, Plaintiff and Appellant, v. AVCO-LYCOMING DIVISION, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

October 16, 1979.

Attorney(s) appearing for the Case

COUNSEL

Arthur Wasserman and Joyce R. Lanza for Plaintiff and Appellant.

James A. Irwin and William J. Rohr for Defendant and Respondent.

OPINION

WIENER, J.

(1) A defendant is authorized to file a cross-complaint against a concurrent tortfeasor for partial indemnity on a comparative fault basis, even when the concurrent tortfeasor was not named as a defendant in the original complaint. (American Motorcycle Assn. v. Superior Court (1978) 20 Cal.3d 578, 607 [146 Cal.Rptr. 182

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