[Download] "Montrose Chemical Corp. V. Superior Court Of Los Angeles County" by Supreme Court Of California " Book PDF Kindle ePub Free
eBook details
- Title: Montrose Chemical Corp. V. Superior Court Of Los Angeles County
- Author : Supreme Court Of California
- Release Date : January 22, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 87 KB
Description
This declaratory relief action presents issues relating to the scope of a liability insurer's duty to defend its insured in an underlying third party lawsuit. The parties before us--carriers who issued comprehensive general liability (CGL) policies and the pesticide manufacturer to which the policies were sold--disagree on the proper use of extrinsic evidence in determining the scope of the defense duty and the nature of the parties' respective burdens on motions for summary adjudication of defense obligations. We conclude that evidence extrinsic to the underlying complaint can defeat as well as generate a defense duty, and that summary adjudication of the defense duty follows the same procedural rules as those applicable in any other type of litigation. Because the Court of Appeal correctly applied the law in this case, we affirm the judgment.