HOME INS. CO. v. SUPERIOR COURT

No. B157650.

124 Cal.Rptr.2d 314 (2002)

101 Cal.App.4th 515

The HOME INSURANCE COMPANY, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; Montrose Chemical Corporation of California, Real Party in Interest.

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

Review Granted November 13, 2002.


Attorney(s) appearing for the Case

Charlston, Revich, Chamberlin & Williams, Stephen P. Soskin, and Timothy F. Rivers, Los Angeles, for Petitioner.

Latham & Watkins, David L. Mulliken, San Diego, Diana Strauss Casey, and Marc D. Halpern, Menio Park, for Real Party in Interest.

No appearance for Respondent.


MIRIAM A. VOGEL, J.

In 1990, an insured sued its primary insurers to determine whether they had a duty to defend their insured in an environmental clean-up action. Over the course of 11 years and long after one of the primary insurers exercised a peremptory challenge against the judge to whom the case was originally assigned (Code Civ. Proc., § 170.6), the insured settled with all of the primary carriers...

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