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PACIFIC INDEMNITY CO. v. BELLEFONTE INS. CO.

No. D031786.

95 Cal.Rptr.2d 911 (2000)

80 Cal.App.4th 1226

PACIFIC INDEMNITY COMPANY, Plaintiff and Respondent, v. BELLEFONTE INSURANCE COMPANY, Defendant and Appellant.

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

May 24, 2000.

Attorney(s) appearing for the Case

Neil, Dymott, Perkins, Brown & Frank, James A. McFall, San Diego; Traub Eglin Lieberman Straus, Stephen D. Straus, Hawthorne, NY, and Jonathan R. Harwood, for Defendant and Appellant.

Lewis, D'Amato, Brisbois & Bisgaard, Janelle F. Garchie and James E. Friedhofer, San Diego, for Plaintiff and Respondent.

McKenna & Cuneo and Michael H. Fish, San Diego, for Cities of Alameda, Capitola, Carlsbad, Dinuba, Huron, Modesto, Monterey, Orange Cove, Redlands, San Luis Obispo, Santa Clara and Tracy as Amicus Curiae on behalf of Plaintiff and Respondent.

BENKE, Acting P.J.

In this action between successive third party liability carriers, Bellefonte Insurance Company (Bellefonte) appeals a summary judgment in favor of Pacific Indemnity Company (Pacific), determining Bellefonte had a duty to defend its insured in underlying litigation. We are unpersuaded by Bellefonte's contention the "owned property" exclusion of its policies barred coverage. We agree, however, that equitable contribution principles require proration...

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