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The California Supreme Court has set oral argument in State
of California v. Continental Insurance Co. for May 30, 2012 at
9:00 a.m. in San Francisco.
This case presents two issues for review by the Court: (1) the
so-called "all sums" issue, and (2) "stacking"
of policy limits. First, when continuous property damage occurs
during the periods of several successive liability policies, can
each insurer be liable for all damage both during and outside its
policy period, up to the amount of the insurer's policy limits,
or is each insurer only liable for property damage that took place
during its policy period? Second, if each insurer can be liable for
damage taking place outside its policy period, can the insured
"stack" policy limits – that is, can the
insured recover the combined limits of successive policies?
Philip R. Matthews and William J. Baron of Duane Morris
submitted an amicus curiae brief in the case, on behalf of certain
London Market Insurers.
This article is for general information and does not include
full legal analysis of the matters presented. It should not be
construed or relied upon as legal advice or legal opinion on any
specific facts or circumstances. The description of the results of
any specific case or transaction contained herein does not mean or
suggest that similar results can or could be obtained in any other
matter. Each legal matter should be considered to be unique and
subject to varying results. The invitation to contact the authors
or attorneys in our firm is not a solicitation to provide
professional services and should not be construed as a statement as
to any availability to perform legal services in any jurisdiction
in which such attorney is not permitted to practice.
Duane Morris LLP, a full-service law firm with more than 700
attorneys in 24 offices in the United States and internationally,
offers innovative solutions to the legal and business challenges
presented by today's evolving global markets. Duane Morris LLP,
a full-service law firm with more than 700 attorneys in 24 offices
in the United States and internationally, offers innovative
solutions to the legal and business challenges presented by
today's evolving global markets. The
Duane Morris Institute provides training workshops for HR
professionals, in-house counsel, benefits administrators and senior
managers.
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