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DENNY'S INC. v. CHICAGO INS. CO.

Docket No. B053172.

234 Cal.App.3d 1786 (1991)

286 Cal. Rptr. 507

DENNY'S, INC., Plaintiff and Appellant, v. CHICAGO INSURANCE COMPANY et al., Defendants and Respondents.

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

October 16, 1991.

Attorney(s) appearing for the Case

COUNSEL

Lynberg & Watkins and Michael J. Larin for Plaintiff and Appellant.

Musick, Peeler & Garrett, R. Joseph De Briyn, Lynn A. O'Leary, John R. Lisenberry, Berman & Clark, Stephen J. Hillman and Diana L. Pauli for Defendants and Respondents.

OPINION

TURNER, P.J. —

I. INTRODUCTION

This case presents the question whether two excess insurers were required to provide coverage in the place of an insolvent underlying insurer. The trial court granted summary judgment pursuant to Code of Civil Procedure section 437c in favor of the two excess insurers. The trial court found that (1) the excess insurance policies were "not ambiguous with respect to assumption...

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