MONTROSE CHEMICAL CORPORATION OF CALIFORNIA, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; CANADIAN UNIVERSAL INSURANCE COMPANY, INC., et al., Real Parties in Interest., 9 Cal. 5th 215

Summary

HOLDINGS: [1]-In a case in which an insured sought to tap its liability insurance to cover amounts it owed in connection with multiyear environmental damage claims, the Supreme Court held that the insured was entitled to access otherwise available coverage under any excess policy once it had exhausted directly underlying excess policies for the same policy period. The insured was not required to exhaust excess insurance at lower levels for all periods triggered by continuous injury before obtaining coverage from higher level excess insurance in any period; [2]-An insurer called on to provide indemnification may seek reimbursement from other insurers that would have been liable to provide coverage under excess policies issued for any period in which the injury occurred.