SCHWARTZ v. STATE FARM FIRE AND CAS. CO.

No. B140274.

106 Cal.Rptr.2d 523 (2001)

88 Cal.App.4th 1329

S. Andrew SCHWARTZ et al., Plaintiffs and Appellants, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant and Respondent.

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

As Modified on Denial of Rehearing June 5, 2001.

Review Denied August 15, 2001.


Attorney(s) appearing for the Case

David Hoffman, Los Angeles, for Plaintiffs and Appellants.

Horvitz & Levy, David M. Axelrad, Mitchell C. Tilner, Encino; LHB Pacific Law Partners, Clarke B. Holland, Stephan T. Pastis, San Francisco, and Andrean Kalemis, for Defendant and Respondent.


BOLAND, J.**

INTRODUCTION

This case asks us to determine the contractual obligations of an excess insurer that has notice of competing claims that may exceed the policy limits of the excess insurance coverage. In that situation, the question is whether the excess insurer may pay full benefits to the first insured who has exhausted the limits of the primary insurance coverage,...

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