Scottsdale Ins. v. State Farm

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Filed 7/26/05 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE SCOTTSDALE INSURANCE COMPANY, Plaintiff, Cross-defendant and Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, B170163 (Los Angeles County Super. Ct. No. BC258853) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] Defendant, Cross-complainant and Respondent; COMMERCIAL UNDERWRITERS INSURANCE COMPANY, Defendant and Respondent. THE COURT: It is ordered that the opinion filed herein on June 28, 2005, be modified as follows: 1. On page 13, lines 12 and 13, the following is deleted: (Mercury Ins. Co. v. Allstate Ins. Co. (2004) 123 Cal.App.4th 1392, 1403.) 2. On page 16, line 8, the following is deleted: Plaintiff is to recover its costs on appeal. In its place, the following is inserted: The parties are to bear their own costs on appeal. Commercial Underwriters Insurance Company s petition for rehearing is denied. _________________ SPENCER, P.J. _______________ MALLANO, J. 2 _______________ ROTHSCHILD, J.

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