Insurance,
California Courts of Appeal
Aug. 29, 2017
Stopping insurance cases in their tracks
A Court of Appeal decision shows how an insurer may be “stuck” defending its insured through the conclusion of the underlying lawsuit, while its effort to terminate its defense duty is put on hold during that period.
Kirk A. Pasich
Partner and Co-Leader of the Insurance Recovery Group
McGuireWoods LLP
Phone: (310) 956-3462
Email: kpasich@mcguirewoods.com
Loyola Law School
In 1993, the California Supreme Court rendered its landmark decision in Montrose Chemical Corp. v. Superior Court, 6 Cal. 4th 287 (1993). Montrose involved a dispute between a manufacturer and its insurers over insurance for a lawsuit seeking to recover for damage to natural resources over many years. The Supreme Court reaffirmed the longstanding rule regarding the breadth of an insurer’s duty to defend. It confi...
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