Modification: Montrose Chemical Corp. of California v. Superior Court (Canadian Universal Insurance Co.)
Ruling by
Leondra R. KrugerLower Court
California Courts of AppealInsured was entitled to access otherwise available coverage under any excess policy once it exhausted directly underlying excess policies for same policy period.
Court
CASCCite as
2020 DJDAR 5078Published
Jun. 1, 2020Filing Date
May 27, 2020Opinion Type
ModificationDisposition Type
Reversed and RemandedMONTROSE CHEMICAL CORPORATION
of california,
Petitioner,
v.
THE SUPERIOR COURT OF los angeles county,
Respondent;
CANADIAN UNIVERSAL INSURANCE
COMPANY, INC., et al.,
Real Parties in Interest.
No. S244737
B272387
Los Angeles County Superior Court
BC005158
Supreme Court of California
Second Appellate District
Division Three
Filed May 27, 2020
THE COURT:
The opinion in this matter filed April 6, 2020, and appearing at 9 Cal.5th 215, is modified as follows:
On page 223, replace the sentence "Montrose and the insurers, which are the real parties in interest here,1 agree for purposes of this dispute that Montrose's primary coverage has been exhausted." with "Montrose and the insurers, which are the real parties in interest here,1 agree the dispute before this court presents no issue about the exhaustion of Montrose's primary insurance."
This modification does not affect the judgment.
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