California Supreme Court Watch

Dec 04, 2017
#17-330 Montrose Chemical Corp. v. Superior Court, S244737. (B272387; 14 Cal.App.5th 1306; Los Angeles County Superior Court; BC005158.)

#17-330 Montrose Chemical Corp. v. Superior Court, S244737. (B272387; 14 Cal.App.5th 1306; Los Angeles County Superior Court; BC005158.) Petition for review after the Court of Appeal granted in part and denied in part a petition for peremptory writ of mandate. This case presents the following issue: When continuous property damage occurs during several periods for which an insured purchased multiple layers of excess insurance, does the rule of “horizontal exhaustion” require the insured to exhaust excess insurance at lower levels for all periods before obtaining coverage from higher level excess insurance in any period?

Review granted: 11/29/2017

See the California Court of Appeal opinion.