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SAFECO INS. CO. OF AMERICA v. SUPERIOR CT.

No. B189637.

44 Cal.Rptr.3d 841 (2006)

140 Cal.App.4th 874

SAFECO INSURANCE COMPANY OF AMERICA et al., Petitioners, v. The SUPERIOR COURT of Los Angeles County, Respondent; Century Surety Company, Real Party in Interest.

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

June 22, 2006.

Attorney(s) appearing for the Case

Summers & Shives, Robert V. Closson and Ian G. Williamson, San Diego, for Petitioners.

No appearance for Respondent.

Woolls & Peer, John E. Peer, Los Angeles; Dunn Koes, Pamela E. Dunn and Daniel J. Koes, Pasadena, for Real Party in Interest.

Sonnenschein Nath & Rosenthal, Paul E.B. Glad and David R. Simonton, San Francisco, for the Association of California Insurance Companies, TIG Insurance Company and Fairmont Specialty Insurance Company as Amici Curiae on behalf of Real Party in Interest.

VOGEL, J.

We hold that in an action for equitable contribution by a settling insurer against a nonparticipating insurer, the settling insurer has met its burden of proof when it makes a prima facie showing of coverage under the nonparticipating insurer's policy — the same showing of potential coverage necessary to trigger the nonparticipating insurer's duty to defend — and that the burden of proof then shifts to the recalcitrant insurer to prove the...

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