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Excess Policies CA Supreme Court Insurance Litigation

Sheppard Mullin Richter & Hampton LLP

The California Supreme Court Confirms Vertical Exhaustion Applies for First-Layer Excess Insurers

In Truck Ins. Exch. v. Kaiser Cement, 321 Cal. Rptr. 3d 761, 549 P.3d 781 (2024), the California Supreme Court answered the question left open by Montrose Chem. Corp. v. Superior Ct., 9 Cal. 5th 215 (2020) (Montrose III): for...more

Troutman Pepper

California Supreme Court Confirms Vertical Exhaustion Rule Applies Before Depletion of All Primary Coverage

Troutman Pepper on

On June 7, the California Supreme Court issued an important opinion clarifying the circumstances under which an insured may trigger coverage under an excess policy in relation to a loss spanning multiple policy periods. This...more

Payne & Fears

California Supreme Court Rejects Insurers' Bid for Horizontal Exhaustion Rule in New Montrose Decision

Payne & Fears on

In Montrose Chemical Corp. v. Superior Court, 2020 WL 1671560 (April 6, 2020), the California Supreme Court held that, when one primary policy exhausts in a continuing injury claim, the excess insurer sitting above that...more

Pillsbury Winthrop Shaw Pittman LLP

California Supreme Court Dumps Excess Insurers’ Horizontal Exhaustion Argument

In a long-running environmental case, the state’s high court rejects insurers’ theory of so-called horizontal exhaustion. California Supreme Court hands policyholders a victory in latest Montrose case and upholds...more

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