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ST. JOE MINERALS CORP. v. ZURICH INS. CO.

No. G018280.

89 Cal.Rptr.2d 101 (2000)

75 Cal.App.4th 261

ST. JOE MINERALS CORPORATION, Plaintiff and Respondent, v. ZURICH INSURANCE COMPANY, Defendant and Appellant.

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

Ordered Not Officially Published March 1, 2000.

Attorney(s) appearing for the Case

Kinsella, Boesch, Fujikawa & Towle, Edmund J. Towle III and Michael D. Howald, Los Angeles, for Defendant and Appellant.

Latham & Watkins, David L. Mulliken, Kristine L. Wilkes, Dorn G. Bishop, Diana L. Strauss, San Diego, Jared G. Flinn, Michael W. Ellison, Leigh A. White, Irvine, and Barry J. Shotts, San Diego, for Plaintiff and Respondent.

Bien & Summers and Elliot L. Bien, San Francisco, for Amicus Curiae Insurance Environmental Litigation Association.

OPINION

SILLS, P.J.

I. INTRODUCTION

This case forces us to confront what happens when the one final judgment rule in appellate procedure collides with the piecemeal adjudication of a liability insurer's two basic duties to its insured—the duty to defend a lawsuit brought against the insured, and the duty to indemnify if the insured loses that lawsuit. As we explain below, the one final judgment rule is a statutorily based system of rationing...

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