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TRUCK INS. EXCHANGE v. UNIGARD INS. CO.

No. B127813.

94 Cal.Rptr.2d 516 (2000)

79 Cal.App.4th 966

TRUCK INSURANCE EXCHANGE, Plaintiff and Respondent, v. UNIGARD INSURANCE COMPANY, Defendant and Appellant.

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

April 10, 2000.

Attorney(s) appearing for the Case

Brown & Peterson, David F. Peterson and Marguerite L. Brown, Agoura Hills, for Defendant and Appellant.

O'Flaherty, Cross, Martinez, Ovando & Hatton, O'Flaherty, Cross, Martinez & Ovando, Robert M. Dato, Brian P. Barrow; Hatton, Petrie & Stackler and Arthur R. Petrie II, Anaheim, for Plaintiff and Respondent.

Certified for Partial Publication.*

MASTERSON, J.

Faced with multiple lawsuits, a company tendered the defense of the actions to one of its insurers. After paying defense costs and indemnity, the insurer looked to an alleged coinsurer for contribution. The coinsurer refused to contribute on the ground that it had not been asked to participate in the litigation, by tender of defense...

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