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GREAT AMERICAN INS. CO. v. SUPERIOR COURT

No. B203121.

178 Cal.App.4th 221 (2009)

GREAT AMERICAN INSURANCE COMPANY, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; ANGELES CHEMICAL COMPANY, INC., et al., Real Parties in Interest.

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

October 9, 2009.

Attorney(s) appearing for the Case

Duane Morris, Yvette D. Roland, Katherine L. Nichols and William J. Baron for Petitioner.

No appearance for Respondent.

Caufield & James, Jeffery L. Caufield and Ken E. James for Real Parties in Interest.

Law Offices of Timothy C. Cronin, Timothy C. Cronin and Peter D. Nitschke for Real Parties in Interest, Robert Berg, Donna Berg, Pearl Rosenthal and the Estate of Arnold Rosenthal.

OPINION

CROSKEY, J.—

When a liability insurer providing a defense to its insured believes there is no longer a potential for coverage and, therefore, it is no longer required to defend, it may bring a declaratory relief action to obtain a judicial declaration that it need no longer do so. The insured, however, may seek to stay the insurer's declaratory relief action if proceeding on that action could prejudice its defense of the underlying...

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