Samrah Mahmoud, Steven D. Allison, Zach Kobokovich and Michael Cassata | Troutman Pepper 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 opinion settles an important question left open… Continue reading California Supreme Court Confirms Vertical Exhaustion Rule Applies Before Depletion of All Primary Coverage
Tag: Vertical Exhaustion
A Win for Policyholders: California Court of Appeals Applies Vertical Exhaustion for Continuous Injury Claims
Celia B. Waters | Saxe Doernberger & Vita Fresh off the heels of the California Supreme Court’s landmark decision in Montrose Chemical Corp. v. Super. Ct. of L.A. Cty. (“Montrose III”),1 policyholders scored another victory as another California court rejected horizontal exhaustion in the context of continuous injury cases. The Court of Appeal of the State of… Continue reading A Win for Policyholders: California Court of Appeals Applies Vertical Exhaustion for Continuous Injury Claims