(DOWNLOAD) "Montrose Chemical Corp. Of California V. Admiral Ins. Co." by California Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Montrose Chemical Corp. Of California V. Admiral Ins. Co.
- Author : California Supreme Court
- Release Date : January 03, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 114 KB
Description
In Prudential-LMI Com. Insurance v. Superior Court (1990) 51 Cal. 3d 674, 274 Cal. Rptr. 387, 798 P.2d 1230 (Prudential-LMI), we examined the issue of allocation of indemnity among insurers in a first party property insurance case, where a loss had occurred over several policy periods but was not discovered until several years after it commenced. We found the "manifestation of loss rule" applicable, holding that the insurer insuring the property at the time appreciable property damage becomes manifest is solely responsible for indemnifying the insured once coverage is established. (Id. at p. 699.) We expressly reserved the question of what rules should apply in third party liability insurance cases involving continuous or progressively deteriorating damage or injury. We recognized there are substantial analytical differences between first party property and third party liability policies, and cautioned that we were intimating no view as to the application of our decision in either the third party liability or commercial liability (including toxic tort) context. (Prudential-LMI, supra, 51 Cal. 3d at pp. 679, 694; see also Garvey v. State Farm Fire & Casualty Co. (1989) 48 Cal. 3d 395, 405-408, 257 Cal. Rptr. 292, 770 P.2d 704 (Garvey).)