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
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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