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DART INDUSTRIES v. COMMERCIAL UNION INS.

No. B129601.

92 Cal.Rptr.2d 174 (2001)

77 Cal.App.4th 916

DART INDUSTRIES, INC., Plaintiff and Respondent, v. COMMERCIAL UNION INSURANCE COMPANY, Defendant and Appellant.

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

Review Granted May 24, 2000.

Attorney(s) appearing for the Case

Selman Breitman, Neil H. Selman, Jeffrey C. Segal, Los Angeles, and Lynette Klawon, for Defendant and Appellant.

Luce, Forward, Hamilton & Scripps, James E. Fitzgerald, Los Angeles; Jenner & Block and Stephanie A. Scharf, Chicago, IL, for Plaintiff and Respondent.

MIRIAM A. VOGEL, J.

This is a dispute between an insured (Dart Industries, Inc.) and its insurer (Commercial Union Insurance Company) about a policy that was in effect from 1946 to 1951. The policy, last seen in 1948, is missing. At trial, Dart claimed Commercial was obligated to defend and indemnify Dart in more than 1,500 product liability lawsuits. Commercial claimed (among other things) that Dart had failed to present sufficient proof of the terms and conditions...

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