![]() ![]() Zurich Insurance Co., 65 Cal.2d 263, 54 Cal.Rptr. This duty is explicit in First Insurance's policy, and is enforced by the courts. ![]() An insurance carrier must defend any suit which potentially seeks damages within the coverage of its policy. But First Insurance's defense was not done "officiously, and as a mere volunteer. In the alternative, Continental argues that First Insurance was a "volunteer" and thus is not entitled to subrogation. gained some advantage for himself or produced some disadvantage to another or the person invoking the estoppel induced to change his position. Nor is there any evidence that "the act of the party against whom the estoppel is sought. ![]() This is not a suit to enforce a primary judgment, but an action between two insurance companies for subrogation. Yuen held that the insurance company which had defended a primary action for damages arising from an automobile accident with full knowledge that its insured refused to cooperate with it was estopped to raise the defense of noncooperation in a subsequent suit to enforce the judgment secured against the insured. 213 (1953), it contends that First Insurance, having defended Park in the Standard Oil suit, is estopped to deny liability here. London Guarantee & Accident Co., Ltd., 40 Haw. Continental, however, interposes two theories between First Insurance and recovery. ![]() Since First Insurance defended the Standard Oil litigation and satisfied the judgment, it is entitled to subrogation from Continental. The exclusion is inapplicable, and Continental is liable under its policy. Park knew or should have known of these tests, yet it ignored its own soil expert and ordered the excess soil dumped on the pond. Lum had already tested and reported weak subsoil. However, the injury here did not result from Park's failure to make further tests and surveys. Since the Standard Oil court found Park was negligent in failing to obtain further subsoil tests, Continental maintains that this exclusion applies. "(c) the making of, or absence of surveys of the subsurface condition or ground testing, unless specifically endorsed hereon." ![]()
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