Insurer Prohibited from Bringing Separate Contribution Action in Subrogation to Rights of Suspended Insured
Posted by Haight Brown & Bonesteel LLP on Mar 5th 2019
December 4, 2018In Travelers Property Casualty Co. of Amer. v. Engel Insulation, Inc. (No. C085753, filed 11/30/18), a California appeals court held that an insurer may not file its own action to assert claims solely as a subrogee of a suspended corporation, where the corporation could not otherwise assert the claims on its own behalf.In Engel, a homeowners association filed a construction defect action against the developer, Westlake. Travelers defended Westlake as an additional insured on the
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