Calif. Ruling Creates Uncertainty For Long-Tail Claims
By Lorelie Masters, Syed Ahmad and Paul MouraOctober 4, 2017, 3:18 PM EDT
Law360, New York (October 4, 2017, 3:18 PM EDT) -- Recently, the Second District of the California Court of Appeal sought to limit the allocation rules, set by the California Supreme Court, that favor policyholders facing long-tail liabilities. In light of this seemingly divergent authority, policyholders facing horizontal exhaustion arguments by their insurers face possible forum issues in deciding where to sue, with a possible premium placed on initiating litigation outside the Second District.
In Montrose Chemical Corporation v. Superior Court, No. B272387 (Cal. App. 2nd Dist. Aug. 31, 2017), the California Court of Appeal adopted...