The Third Appellate District affirmed an order denying leave to intervene. The court held that an excess liability insurer who claimed equitable subrogation had no right to intervene in an insurance broker malpractice suit as a subrogee to the insured where both the insurer and the broker were subject to pro rata equitable contribution as parties bound to provide insurance for the same loss.
James Dobbas contracted with Fred Vitas and Vitas Insurance Agency for procurement of primary and excess insurance on Dobbas’s ranch property. Vitas obtained a CalFarm Insurance Company primary liability policy for Dobbas’s livestock activities, as well as a CalFarm excess policy.
