PRUDENTIAL-LMI COM. INSURANCE v. SUPERIOR COURT

Docket No. S011415.

51 Cal.3d 674 (1990)

798 P.2d 1230

274 Cal. Rptr. 387

PRUDENTIAL-LMI COMMERCIAL INSURANCE, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; RALPH E. LUNDBERG, as Trustee, etc., et al., Real Parties in Interest.

Supreme Court of California.

November 1, 1990.


Attorney(s) appearing for the Case

COUNSEL

Ramsay, Johnson & Klunder, William S. Loomis, Simon, Buckner & Haile, Stuart L. Brody and Alan G. Buckner for Petitioner.

Gibson, Dunn & Crutcher, John L. Endicott, Fred F. Gregory, Deborah A. Aiwasian, Horvitz & Levy, Barry R. Levy, Mitchell C. Tilner, Robie & Matthai, James R. Robie, Pamela E. Dunn, Rogers, Joseph, O'Donnell & Quinn and Susan M. Popik as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Selwyn S. Berg for Real Parties in Interest.

Peter J. Kalis, Martin & Leaf and Ron Leaf as Amici Curiae on behalf of Real Parties in Interest.


OPINION

LUCAS, C.J.

Petitioner Prudential-LMI Commercial Insurance (Prudential) and real parties in interest (plaintiffs) each seek review of a Court of Appeal decision issuing a writ of mandate directing summary judgment in favor of Prudential. The action involves progressive property damage to an apartment house owned by plaintiffs and insured over the years by successive insurers, including Prudential. We granted review to address...

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