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WAUSAU UNDERWRITERS INS. CO. v. UNIGARD

No. B108694.

80 Cal.Rptr.2d 688 (1998)

68 Cal.App.4th 1030

WAUSAU UNDERWRITERS INSURANCE COMPANY et al., Plaintiffs and Appellants, v. UNIGARD SECURITY INSURANCE COMPANY et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Two.

December 22, 1998.

Attorney(s) appearing for the Case

Zelle & Larson, Alex M. Duarte, San Francisco; Albert, Weiland & Golden, Costa Mesa, and Marcus M. Kaufman, Newport Beach, for Plaintiffs and Appellants.

Haight, Brown, & Bonesteel, Gary A. Bague, Rita Gunasekaran, Richard E. Wirick, Christopher Kendrick, Santa Monica, for Defendant and Respondent Unigard Security Insurance Company.

Charlston, Revich & Williams, Kirk C. Chamberlin, Los Angeles, K. Noelle Ponsetto, Anaheim, Stephen P. Soskin and Paul D. Albus, Los Angeles, for Defendants and Respondents Federal Insurance Company and Home Insurance Company.

Caron, McCormick, Constants & Goldberg and Patricia M. Wilson, Glendale, for Defendant and Respondent American Automobile Insurance Company.

Certified for Partial Publication.*

ZEBROWSKI, J.

This is an allocation or apportionment case among insurers. Several insurers issued policies allegedly covering pollution-related damages sought in an underlying case, but only one defended. The defending insurer now seeks equitable contribution to defense costs from the non-defending insurers. The issue presented, however, is not what amounts the non-defending insurers should contribute...

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