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  5. 39 Cal.Rptr.3d 33 (2006)
 

KAUFMAN, INC. v. PERFORMANCE PLASTERING

No. C049391.

39 Cal.Rptr.3d 33 (2006)

136 Cal.App.4th 212

KAUFMAN & BROAD COMMUNITIES, INC., et al., Cross-complainants and Respondents, v. PERFORMANCE PLASTERING, INC., Cross-defendant and Appellant.

Court of Appeals of California, Third District.

January 31, 2006.

Attorney(s) appearing for the Case

Farmer, Murphy, Smith & Alliston, George E. Murphy and Suzanne M. Nicholson, Sacramento, for Cross-defendant and Appellant.

Cooper, White & Cooper, Kathleen F. Carpenter, Dee A. Ware and Dafna G. Levi, Walnut Creek, for Cross-complainant and Respondent.

ROBIE, J.

In this case we hold when an insurance company seeks to provide a defense in pending litigation for a corporation that has been suspended for nonpayment of its taxes, the insurance company must intervene in the action to protect its own interests and those of its insured. The insurance company may not answer and litigate the lawsuit in the name of the suspended corporation without intervening in the case. Here, because its insured is barred from exercising...

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