Calif. Ruling Is A Win For Insureds With Multiple Policies

By Robert Shulman and Cristen Rose (April 15, 2020, 6:11 PM EDT) -- Where injury or damage spans multiple policy periods and years of coverage, multiple policies may be activated or potentially activated. Under an all-sums trigger, the policyholder can designate the policy that responds in the first instance. Excess carriers may take the position that the policyholder has to first exhaust all policies on the horizontal grid before it could access excess policies in any given policy year's tower.

In the coverage dispute in Montrose Chemical Corp. v. Superior Court of Los Angeles County, the carriers argued that other insurance clauses in the policies required such horizontal exhaustion; i.e., other insurance clauses, a...

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