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FEDERAL INS. CO. v. PUEBLO INTERN. INS.

No. 91-55637.

5 F.3d 428 (1993)

FEDERAL INSURANCE COMPANY, Plaintiff, v. PUEBLO INTERNATIONAL INSURANCE, Defendant, American Savings Bank, Defendant-Cross-Claimant-Appellee, Citibank (New York State), Defendant-Cross-Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 21, 1993.

Attorney(s) appearing for the Case

Catherine D. Meyer, Pillsbury, Madison & Sutro, Los Angeles, CA, for defendant-cross-claimant-appellant.

Robert A. Silverman, Keck, Mahin & Cate, Los Angeles, CA, for plaintiff-appellee.

Matthew A. Hodel, Jeannine DePhillips, Paul, Hastings, Janofsky & Walker, Costa Mesa, CA, for defendant-cross-defendant-appellee.

Before FLETCHER, POOLE and THOMPSON, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

This case involves a claim for attorney fees by an indemnitee against an indemnitor under California Code of Civil Procedure § 1021.6.

American Savings Bank paid out cash on a check bearing a forged endorsement. The check was drawn by Pueblo International, Inc. (misidentified in the caption as Pueblo International Insurance) on a bank account it maintained at Citibank (New York State). When the check was presented to...

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