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Published: Nov. 27, 2023, 1:58 p.m.

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Read the full article at https://lnkd.in/gC_ym3gF and see the full video at https://lnkd.in/gCF37aWz and at https://lnkd.in/gEf-yAff and at https://zalma.com/blog plus more than 4700 posts.

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Read the full article at https://lnkd.in/gC_ym3gF and see the full video at https://lnkd.in/gCF37aWz and at https://lnkd.in/gEf-yAff and at https://zalma.com/blog plus more than 4700 posts.

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The\\n underwriting of an insurance policy requires evaluation of risks of \\nloss faced by the proposed insured. When a proposed insured advises the \\nunderwriter that it has received an intent to sue from customers of the \\ninsured a prudent underwriter will exclude the known risk faced by the \\nSunnyside Mobile Estate was excluded.

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California Capital Insurance\\n Company (CCIC), who defended and indemnified its insured Sunnyside \\nMobile Estates appealed from a judgment rendered in favor of Gotham \\nInsurance Company (Gotham) on CCIC\\u2019s complaint for equitable \\ncontribution toward funds it paid.

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In California Capital Insurance Company v. Gotham Insurance Company,\\n F084350, California Court of Appeals, Fifth District (November 6, 2023)\\n the Court of Appeals interpreted the competing insurance policies.

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On\\n April 8, 2016, mobilehome park residents, by and through one of the \\nresidents, sent Ormond a Notice of Intention to Commence Action dated \\nMarch 1, 2016 (the \\u201cnotice of intention to sue\\u201d) pursuant to the \\nMobilehome Residency Law (MRL).

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Equitable contribution apportions costs among insurers sharing the same level of liability on the same risk.

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The Ormond Insureds\\u2019 Insurance and Their Tender of Defense and Indemnity of the Alonso Action to CCIC and Gotham

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The\\n Gotham policy contained an endorsement titled \\u201cFailure to Maintain \\nExclusion, Mobile Home Parks-California\\u201d addressed in the notice of \\nintention to sue.

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Moreover, each and every cause of action \\nasserted in the Alonso complaint was premised, at least in part, on \\nprovisions of the MRL.

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As the California Supreme Court has said, \\u201cwhere there is no duty to defend, there cannot be a duty to indemnify.\\u201d

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If\\n Sunnyside Mobile Estates did not tell Gotham of the notice of intent to\\n sue Gotham could have rescinded the policy for misrepresentation of \\nmaterial facts. Sunnyside did not and, as a result, Gotham excluded the \\ntype of loss that resulted in the Alonso suit. CCIC knew about the loss \\nbefore its policy expired and Gotham knew of it before it happened and \\nthe Alonso suit was filed before the inception of the policy. There was \\nno equity involved in this attempt at equitable indemnity and CCIC \\nattempted to force Gotham to pay that which it did not owe.

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Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

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Go to Newsbreak.com https://lnkd.in/g8azKc34; Subscribe to my substack at https://lnkd.in/gcZKhG6g; https://lnkd.in/gV9QJYH; Go to the Insurance Claims Library \\u2013 https://lnkd.in/gwEYkxD.

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Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

\\n

Go to Newsbreak.com https://lnkd.in/g8azKc34; Subscribe to my substack at https://lnkd.in/gcZKhG6g; https://lnkd.in/gV9QJYH; Go to the Insurance Claims Library \\u2013 https://lnkd.in/gwEYkxD.

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Go to Newsbreak.com https://lnkd.in/g8azKc34; Subscribe to my substack at https://lnkd.in/gcZKhG6g; https://lnkd.in/gV9QJYH; Go to the Insurance Claims Library \\u2013 https://lnkd.in/gwEYkxD.

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Underwriting Against a Certain Loss and Claim is AppropriateFACTUAL AND PROCEDURAL BACKGROUNDZALMA OPINION(c) 2023 Barry Zalma & ClaimSchool, Inc.

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