PINES OF LA JOLLA HOMEOWNERS v. INDUS. INDEM.

Docket No. D013384.

5 Cal.App.4th 714 (1992)

7 Cal. Rptr.2d 53

PINES OF LA JOLLA HOMEOWNERS ASSOCIATION, Cross-complainant and Appellant, v. INDUSTRIAL INDEMNITY, Cross-defendant and Respondent.

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

April 16, 1992.


Attorney(s) appearing for the Case

COUNSEL

Aguirre & Eckmann, James K. Eckmann and Duane Shinnick for Cross-complainant and Appellant.

Hughes & Nunn and Randall M. Nunn for Cross-defendant and Respondent.


OPINION

FROEHLICH, J.

This case presents the narrow issue of whether an insurer may rely on a clause in its insurance policy (the so-called "other insurance" clause) to escape liability for damages which may have occurred during its policy period, merely because a second insurer in fact paid such damages as part of a settlement on behalf of the insured. We conclude, on the facts presented...

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