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KAISER CEMENT & GYPSUM CORP. v. INSURANCE CO. OF STATE OF PENNSYLVANIA

No. B222310.

196 Cal.App.4th 140 (2011)

KAISER CEMENT AND GYPSUM CORPORATION, Cross-complainant and Respondent, v. INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Cross-defendant and Appellant; TRUCK INSURANCE EXCHANGE, Plaintiff and Respondent.

Court of Appeals of California, Second District, Division Four.

June 3, 2011.

Attorney(s) appearing for the Case

Lynberg & Watkins, Randall J. Peters and Wendy E. Schultz for Cross-defendant and Appellant.

Duane Morris , Brian A. Kelly , Paul J. Killion and Kathryn T.K. Schultz for Certain London Market Insurers as Amici Curiae on behalf of Cross-defendant and Appellant.

Gibson, Dunn & Crutcher, Scott R. Hoyt and Sarah Fleisig Powers for Plaintiff and Respondent.

Jones Day , Philip E. Cook and J.W. Montgomery III for Cross-complainant and Respondent.

OPINION

SUZUKAWA, J.—

INTRODUCTION

We are well acquainted with this case, having addressed it several years ago in London Market Insurers v. Superior Court (2007) 146 Cal.App.4th 648, 652 [53 Cal.Rptr.3d 154] (LMI). There, we considered whether thousands of asbestos bodily injury claims brought against respondent Kaiser...

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