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  5. 32 Cal.App.4th 78 (1995)
 

ASSURANCE CO. OF AMERICA v. HAVEN

Docket No. C017023.

32 Cal.App.4th 78 (1995)

38 Cal. Rptr.2d 25

ASSURANCE COMPANY OF AMERICA, Plaintiff and Appellant, v. RONALD R. HAVEN et al., Defendants and Respondents.

Court of Appeals of California, Third District.

February 6, 1995.

Attorney(s) appearing for the Case

COUNSEL

Wright, Robinson, McCammon, Osthimer & Tatum, James C. Nielsen and Charles H. Horn for Plaintiff and Appellant.

Larson & Burnham, David O. Larson, James L. Wraith and Michael K. Johnson for Defendants and Respondents.

OPINION

DAVIS, J.

In this case, a liability insurer defended its insured under a reservation of rights that created a conflict of interest between the two of them. The issue on appeal is whether a liability insurer can sue its insured's Cumis counsel1 for negligence based on a breach of statutory duty for failing — in contravention of Civil...

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