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SCOTTSDALE INS. v. NATIONAL UNION FIRE INS.

No. E028602.

116 Cal.Rptr.2d 174 (2002)

95 Cal.App.4th 891

SCOTTSDALE INSURANCE COMPANY, Plaintiff, Cross-Defendant, and Respondent, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, Pennsylvania et al., Defendants, Cross-Complainants, and Appellants.

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

Ordered Not Officially Published May 1, 2002.

Attorney(s) appearing for the Case

Haight, Brown & Bonesteel, Roy G. Weatherup, Los Angeles, Stephen M. Caine, Santa Monica; Sedgwick, Detert, Moran & Arnold, Lawrence E. Picone and Kathleen Caswell Vance, Los Angeles, for Defendants, Cross-Complainants, and Appellants.

Luce, Forward, Hamilton & Scripps, Rex Heeseman and David R. Krause Leemon, Los Angeles, for Highlands Insurance Company, as Amicus Curiae, on behalf of Defendants, Cross-Complainants, and Appellants.

Selman-Breitman, Neil Selman, Anthony L. Cione and Gregory J. Newman, Los Angeles, for Plaintiff, Cross-Defendant, and Respondent.

OPINION

RICHLI, J.

"Other insurance" clauses direct how liability is to be allocated among multiple insurers who are liable on the same risk. The drafters of such clauses are engaged in a game of "hot potato": each insurer is trying to shift as much of the risk as possible to other insurers, well aware that they will be trying to shift it back again. When faced with conflicting "other insurance" clauses...

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