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In an action for equitable contribution, trial court judgment is reversed in part and affirmed in part where: 1) the right of equitable contribution between insurers is not controlled by the contract between the insured and the insurer but by equitable principles; 2) substantial evidence does not support the trial court's determination that plaintiff's right of equitable contribution from co-insurer ICW arose on May 24, 2002; and 3) substantial evidence does not support the trial court's findings with respect to the dates on which plaintiff's right to equitable contribution from defendant arose.
APPEAL from a judgment of the Superior Court of Los Angeles County. Ralph W. Dau, Judge. Appeal dismissed as to National Surety Corporation; judgment affirmed in part and reversed in part with directions.
SECOND APPELLATE DISTRICT, DIVISION ONE
Filed June 24, 2009
Before MALLANO, P.J., ROTHSCHILD, J. WEISBERG, J.
Opinion by MALLANO, P.J.