California Supreme Court Watch

#22-91 Truck Insurance Exchange v. Kaiser Cement and Gypsum Corp. (London Market Insurers), S273179. (B278091; nonpublished opinion; Los Angeles Superior Court; BC249550). Petition for review after the Court of Appeal affirmed in part and reversed in part the judgment in a civil action. The court limited review to the following issue: May a primary insurer seek equitable contribution from an excess insurance carrier after the primary policy underlying the excess policy has been exhausted (vertical exhaustion), or is equitable contribution from an excess insurance carrier available only after all primary policies have been exhausted (horizontal exhaustion)?

Petition for review granted: 4/13/2022

Case fully briefed: 11/18/2022

Cause argued and submitted: 4/03/2024 (GMSR’s Bob Olson appeared for Truck Insurance Exchange)

See the Court of Appeal Opinion

See the Petition for Review filed by Greines, Martin, Stein & Richland

See the Reply In Support Of Petition for Review filed by Greines, Martin, Stein & Richland

See the Opening Brief on the Merits filed by Greines, Martin, Stein & Richland

See the Reply Brief on the Merits filed by Greines, Martin, Stein & Richland

See the Combined Reply to Amicus Briefs filed by Greines, Martin, Stein & Richland