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MARYLAND CAS. CO. v. NATIONWIDE MUT. INS.

Nos. D032972, D033116.

97 Cal.Rptr.2d 374 (2000)

81 Cal.App.4th 1082

MARYLAND CASUALTY COMPANY et al., Cross-complainants and Respondents, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Cross-defendant and Appellant. National Union Fire Insurance Company of Pittsburgh, Pennsylvania et al., Cross-complainants and Respondents, v. Nationwide Mutual Insurance Company, Cross-defendant and Appellant.

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

Rehearing Denied June 27, 2000.

Review Denied September 13, 2000.

Attorney(s) appearing for the Case

Daniels, Baratta & Fine and Lance Orloff, Los Angeles, for Cross-defendant and Appellant.

Branson, Brinkop, Griffith & Strong and John H. Podesta, for Cross-complainant and Respondent National Union Fire Insurance Company of Pittsburgh, Pennsylvania.

Haight, Brown & Bonesteel, Robert V. Closson and Terrell A. Quealy, San Diego, for Cross-complainant and Respondent Maryland Casualty Company.

HALLER, Acting P.J.

This case involves the allocation of defense costs among insurers—two of which paid for the insured's defense (Maryland Casualty Company and National Union Fire Insurance Company) and one of which did not (Nationwide Mutual Insurance Company). The court shifted the entire defense burden to Nationwide under equitable subrogation principles. We conclude the court erred because the equitable contribution doctrine, not subrogation,

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