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NOYA v. A.W. COULTER TRUCKING

No. B187933.

49 Cal.Rptr.3d 584 (2006)

143 Cal.App.4th 838

Mark NOYA et al., Plaintiffs and Respondents, v. A.W. COULTER TRUCKING et al., Defendants; Zurich American Insurance Company et al., Interveners and Appellants.

Court of Appeal of California, Second District, Division Six.

October 5, 2006.

Attorney(s) appearing for the Case

Greenan, Peffer, Sallander & Lally, LLP, Robert L. Sallander, Jr., Robert G. Seeds; Bishop, Barry, Howe, Haney & Ryder, Jonathan Gross, Mark C. Raskoff, Emeryville, for Interveners and Appellants Zurich American Insurance Company and Zurich American Insurance Company of Illinois.

John F. Hodges; James R. Murphy, Jr. and Tana L. Coates, a Law Corporation, Heather L. Hunt; Law Office of Todd A. Porter, San Luis Obispo, for Plaintiffs and Respondents Mark Noya, Individually, and as Guardian Ad Litem for Alexander Noya, a Minor; Brian Keith Lemons, Individually, and as Guardian Ad Litem for Audrianna Lemons, a Minor; and Amanda Welty.

No appearance for Defendants.

COFFEE, J.

The California Department of Transportation (CalTrans) was sued by several plaintiffs for wrongful death and injuries arising from a traffic collision in the area of a state highway construction project. Zurich American Insurance Company (Zurich) refused a tender of defense by CalTrans. After learning that CalTrans had agreed to a sizable settlement with the plaintiffs that included a covenant not to execute and which granted plaintiffs the right to monies...

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