Excess Insurers May Need To Pay In Kaiser Asbestos Dispute

David Goodwin’s commentary was included in a Law360 article covering the California Supreme Court's ruling in Truck Insurance Exchange v. Kaiser Cement. The decision allows policyholders to tap into first-layer excess policies as soon as the primary coverage for that period is exhausted.

David had filed an amicus brief on behalf of United Policyholders in the dispute, asking the high court to affirm the Second Appellate District's findings. United Policyholders argued that allowing Truck Insurance Exchange to "shift indemnity payments" to the excess insurers would reduce the excess policies' limits and the funds available to Kaiser for future claims.

David told Law360 that the case has important implications for policyholders as courts are supposed to look out for policyholder interests when it comes to contribution: “I think this is a case where judges are not going to like it, but they're going to have to read this case when they're confronted with this scenario in the future.”

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