Insurance Co. of North America v. National American Ins. Co

In Insurance Co. of North America v. National American Ins. Co. (1995) 37 Cal.App.4th 195, the insured was a subcontractor like Aero-Crete, and a jury determined that the damage at issue was caused by the insured, the general contractor, and other subcontractors. However, the INA insured had agreed to indemnify the general contractor for any "liability for injury contributed to by the negligence or other misconduct of the general contractor, as long as the injury is caused in part by the negligence or misconduct of the insured." (INA, supra, 37 Cal.App.4th at pp. 199-200.) The court rested its holding on the insured's derivative liability under the indemnity agreement. ( Id. at p. 202.)