HARTFORD ACCIDENT & INDEM. CO. v. SUPERIOR COURT

Docket No. A062833.

23 Cal.App.4th 1774 (1994)

29 Cal. Rptr.2d 32

HARTFORD ACCIDENT & INDEMNITY CO. et al., Petitioners, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; SYNTEX CORPORATION et al., Real Parties in Interest.

Court of Appeals of California, First District, Division Three.

April 8, 1994.


Attorney(s) appearing for the Case

COUNSEL

Gordon & Rees, Donald W. Rees, G. Christopher Ritter, David C. Capell and Joseph T. Burke for Petitioners.

No appearance for Respondent.

Lester, Schwab, Katz & Dwyer, Howard Lester, Eric A. Portuguese, Jon O. Nygaard, Heller, Ehrman, White & McAuliffe, Charles F. Robinson, K. Louise Francis and Barry S. Levin for Real Parties in Interest.


OPINION

CHIN, J.

This petition for writ of mandate presents an issue of first impression in California: does a primary insurer's duty to defend continue after a dispute arises over exhaustion of policy limits but before the insurer has established in court that its coverage limits have been exhausted? The superior court ruled that the duty to defend continues until the insurer proves in a coverage action that the policy limits have...

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