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California Supreme Court

Aug. 14, 2012

Major victory for California policyholders in Continental Insurance ruling

After 19 years of litigation the state can finally secure the limits of each policy to pay for the enormous costs of one of the largest pollution clean up sites in California. By Joan M. Cotkin of Nossaman LLP


Last week, the state Supreme Court issued its long awaited decision in State of California v. Continental Insurance Co., 2012 DJDAR 11033 (Cal. Aug. 9, 2012), ruling that the state may secure the full policy limits of each applicable policy to cover damages which accrued over many decades. After considering the matter for three long years, the Supreme Court affirmed the "all-sums-with-stacking" rule articulated by the Court of Appeal. Thus, after 19 years ...

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