Modification: Deere & Co. v. Allstate Insurance Co.

DEERE & COMPANY,

Plaintiff and Appellant,

v.

ALLSTATE INSURANCE COMPANY, et al.,

Defendants and Respondents.

No. A145170

(San Francisco City & County

Super. Ct. No. CGC-03-420927)

California Courts of Appeal

First Appellate District

Division Four

Filed March 26, 2019

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING

NO CHANGE IN JUDGMENT

THE COURT:

It is ordered that the opinion filed herein on February 25, 2019, and reported in the Official Reports (32 Cal.App.5th 499) be modified as follows:

1. On page 507, the third sentence of the first paragraph of section II.B., "$1.5 million" is changed to "$2.5 million", so the sentence reads:

Rather, coverage for products liability was provided by a series of first-layer umbrella policies that provided coverage to Deere in excess of a specific dollar amount (ranging over time from $50,000 to $2.5 million) paid by Deere.

2. On page 517, in the first full paragraph starting with "Here, unlike the insured in Padilla," the second, third, and fourth sentences of the paragraph are modified to read:

Rather, once Deere has paid its self-insured retentions under its first-layer umbrella policies and once the first-layer umbrella policies are exhausted, Deere may seek coverage from the higher-layer excess policies. It will be Deere's exhaustion of its SIRs that will trigger coverage under its first-layer policies. And, the exhaustion of the first-layer policies is what will trigger coverage under the higher-layer policies.

The remainder of the first full paragraph shall continue without change.

3. On page 520, in the second full paragraph that starts "Here, the products liability,", the second sentence of the paragraph is modified to read:

Nothing in the plain language of the excess policies requires a determination that Deere must pay damages (as opposed to obtaining a dismissal without payment) before the insurers are obligated to pay the litigation expenses associated with Deere's defense of the underlying asbestos actions.

The remainder of the second full paragraph shall continue without change.

There is no change in the judgment.

Respondents petition for rehearing is denied.

Dated, Acting P.J.