A first‐hand look at third‐party trigger and known loss issues in Montrose v. Admiral
作者:
DornG. Bishop,
期刊:
Environmental Claims Journal
(Taylor Available online 1995)
卷期:
Volume 8,
issue 2
页码: 5-28
ISSN:1040-6026
年代: 1995
DOI:10.1080/10406029509379250
出版商: Taylor & Francis Group
数据来源: Taylor
摘要:
This article explores the California Supreme Court's landmark decision inMontrose Chemical Corporation of California v. Admiral Insurance Companyfrom the perspective of Montrose. The article discusses events leading to the decision, with emphasis given to the formulation of Montrose's successful appellate strategy and elaborates on several significant aspects of the California Supreme Court's adoption of a “continuous trigger”; and rejection of a third‐party “known loss”; defense. The article concludes that the California Supreme Court's holding, especially when considered with other recent appellate victories for Montrose, has given rise to a principled approach that exalts the language itself of third‐party comprehensive general liability contracts above all other considerations. The end result is an insurance litigation landscape that is vastly more simplified and less costly to policyholders and carriers alike.
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