With Brian Kelly, Max Stern
In a unanimous decision on June 10, 2011—in Ulta Salon, Cosmetics & Fragrance, Inc. v. Travelers Property Casualty Co. - the California Court of Appeal for the Second District held that an insurer had no duty to defend or indemnify its insured for claims against the insured’s alleging violation of Proposition 65, the California Safe Drinking Water and Toxic Enforcement Act of 1986.