United Services Automobile Association v. Alaska Insurance Co.
94 Cal.App.4th 638, 114 Cal.Rptr.2d 449, 2001.CA.0003255, 1 Cal. Daily Op. Serv. 10, 435, 2001 Daily Journal D.A.R. 13, 000
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Publisher Description
CERTIFIED FOR PUBLICATION Defendants Alaska Insurance Company and its successor in interest New Hampshire Insurance Company (collectively New Hampshire) appeal a judgment requiring New Hampshire, as a primary insurer, to reimburse plaintiff United Services Automobile Association (USAA), as an excess insurer, the money USAA paid to settle a bad faith action brought against it by an injured third party claimant as the assignee of the parties' mutual insured. New Hampshire contends: (1) USAA cannot maintain this action because it was not an excess carrier as to the subject claim; (2) USAA is not an equitable indemnitee of New Hampshire; (3) USAA is estopped from claiming it is an excess carrier; (4) USAA waived any claim that it is an excess carrier; (5) USAA's payments in settlement of the bad faith action were as a volunteer; and (6) the court erred in awarding USAA it's attorney fees in the present action. We reverse.