CENTURY SURETY CO. v. UNITED PACIFIC INS., CO.

No. B150373.

135 Cal.Rptr.2d 879 (2003)

109 Cal.App.4th 1246

CENTURY SURETY COMPANY, Plaintiff and Appellant, v. UNITED PACIFIC INSURANCE COMPANY, et al. Defendants and Respondents.

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

As Modified June 25, 2003.

Review Denied September 17, 2003.


Attorney(s) appearing for the Case

Hara, Nardi & Barnes, LLP, Callie C. O'Hara, Denise Nardi, David T. Hayek and Randel L. Ledesma for Plaintiff and Appellant.

Tressler, Soderstrom, Maloney & Priess, Mary E. McPherson, David Simantob and Rina Carmel, Los Angeles, for Defendant and Respondent Lumbermens Mutual Casualty Company.

No appearance for Defendants and Respondents United Pacific Insurance Company and Reliance National Insurance Company.


CROSKEY, Acting P.J.

In this case, we are asked to determine the enforceability of an "other insurance" clause in a liability policy issued by the appellant Century Surety Company (Century). That clause provided Century's coverage for its insured would be "excess" to the coverage of other "valid and collectable insurance." Century was one of four successive insurers that had provided coverage to a common insured over a five year period. One of those other insurers...

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