ALPHA THERAPEUTIC CORP. v. HOME INS. CO.

Nos. B134257, B135081, B138225, B138843.

109 Cal.Rptr.2d 698 (2001)

90 Cal.App.4th 1330

ALPHA THERAPEUTIC CORPORATION, Plaintiff and Appellant, v. The HOME INSURANCE COMPANY et al., Defendants and Respondents. Alpha Therapeutic Corporation, Plaintiff and Appellant, v. Associated International Insurance Company, Defendant and Appellant; Transcontinental Insurance Company et al., Defendants and Respondents. Alpha Therapeutic Corporation, Plaintiff and Appellant, v. Topa Insurance Company, Defendant and Respondent. Alpha Therapeutic Corporation, Plaintiff and Appellant, v. Associated International Insurance Company, Defendant and Respondent.

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

Review Granted October 17, 2001.

Review Dismissed March 13, 2002.


Attorney(s) appearing for the Case

Troop Steuber Pasich Reddick & Tobey, Kirk A. Pasich, Catherine L. Rivard, Cassandra C. Shivers, Los Angeles; Heller Ehrman White & McAuliffe, Nancy Sher Cohen, Reynold L. Siemens and Carlyle W. Hall III, Los Angeles, for Plaintiff and Appellant Alpha Therapeutic Corporation.

Harrington, Foxx, Dubrow & Canter, Mark W. Flory, Nancy J. Mindel and Angela Lui Walsh, Los Angeles, for Defendant, Respondent and Appellant Associated International Insurance Company.

Kroll, Rubin & Fiorella, James D. Otto and Christine A. Roney, Los Angeles, for Defendant and Respondent The Home Insurance Company.

Ross, Dixon & Bell, Alec M. Barinholtz, Irvine, Rebecca L. Ross, Chicago, IL, Charles I. Hadden, Richard J. Pratt and Jodi L. Cleesattle, Washington, for Defendants and Respondents Transcontinental Insurance Company, London Guarantee and Accident Company of New York and Harbor Insurance Company.

Lord, Bissell & Brook and Jeri Rouse Looney, Los Angeles, for Defendant and Respondent Transport Indemnity Corporation.

No appearance for Defendant and Respondent Topa Insurance Company.


Certified for Partial Publication.*

TODD, J.

Alpha Therapeutic Corporation appeals the grant of summary judgment against it on claims to establish coverage for defense and indemnity obligations under successive excess general liability policies issued over a seven-year period. Coverage was denied and summary judgment granted based on the trial court's application of the "anti-stacking...

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