Asbestos Contribution Fight Sent Back to Lower California Appellate Court

David Goodwin’s commentary was included in a Business Insurance article examining how the California Supreme Court’s ruling in Truck Insurance Exchange v. Kaiser Cement will give Kaiser access to excess coverage once the primary policy for that period has been exhausted. The article also noted David’s filing of an amicus brief on behalf of United Policyholders in support of Kaiser.

David called the ruling a “major win” for policyholders. He continued, stating that “the California Supreme Court looked closely at the language of standard form insurance policies and concluded that it would not be reasonable to read that language to require a policyholder (or insurer seeking contribution) to exhaust every primary policy before seeking coverage from an excess insurer as such a rule would potentially impose serious and expensive burdens on the policyholder before it could obtain full coverage.”

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