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California Supreme Court,
Insurance

Jun. 26, 2024

Analyzing cross-cutting insurance issues: Kaiser Cement vs. Another Planet

The California Supreme Court took two very different approaches to deciding recent coverage cases over the last month: close textual coverage analysis in Kaiser Cement and common law decision-making in Another Planet. The differing approaches present both opportunities and challenges for policyholders parsing the Court's decisions.

Elizabeth H. Gorman

Associate, Covington & Burling LLP

Breanna Jones

Associate, Covington & Burling LLP

Shutterstock

Last week, the California Supreme Court issued the latest decision in a two decades-long battle between Kaiser Cement and its longtime primary insurer, Truck Insurance Exchange. Some of the Truck policies lacked aggregate limits of liability, meaning Truck could potentially be on the hook for unlimited asbestos personal-injury claims.

The Court answered a narrow question left open in the Montrose III decision fr...

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