CARMEL DEVELOPMENT CO. v. RLI INS. CO.

No. H026360.

24 Cal.Rptr.3d 588 (2005)

126 Cal.App.4th 502

CARMEL DEVELOPMENT COMPANY, Plaintiff, v. RLI INSURANCE COMPANY, Defendant, Cross-Complainant and Appellant. Fireman's Fund Insurance Company, Intervenor and Respondent.

Court of Appeals of California, Sixth District.

Review Denied March 30, 2005.


Attorney(s) appearing for the Case

Dennis G. McCarthy, Fenton & Keller, Monterey, CA, for Plaintiff-Respondent.

Julia A. Molander, Sedgwick, Detert, Moran & Arnold, San Francisco, CA, for Defendant-Cross/Complainant-Appellant.

Ralph A. Lombardi and Lori A. Sebransky, Lombardi, Loper & Conant, Oakland, CA, for Intervenor-Respondent.


ELIA, Acting P.J.

This appeal arises from a dispute between excess insurers of comprehensive general liability. The trial court ruled that appellant RLI Insurance Company (RLI) and respondent Fireman's Fund Insurance Company (Fireman's Fund) insured the same risk and had competing "other insurance" clauses. It therefore ordered RLI to contribute to Fireman's Fund's settlement of a personal injury lawsuit against the insured.

On appeal, RLI contends that it...

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