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LEGACY VULCAN CORP. v. SUPERIOR COURT OF LOS ANGELES COUNTY

No. B215713.

184 Cal.App.4th 285 (2010)

LEGACY VULCAN CORP., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; TRANSPORT INSURANCE COMPANY, Real Party in Interest.

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

April 30, 2010.

Attorney(s) appearing for the Case

Covington & Burling, Donald W. Brown, Wendy L. Feng and Stephen E. George for Petitioner.

No appearance for Respondent.

Duane Morris, Ray L. Wong, Paul J. Killion, Michael J. Dickman and Cyndie M. Chang for Real Party in Interest.

OPINION

CROSKEY, J.—

In this case, we consider the nature of an insurer's defense obligations under a policy of liability insurance that provides both "excess" and "umbrella" coverage. In addition, we discuss the scope and extent of an insurer's duty to defend in spite of a "retained limit" on the insurer's duty to indemnify.

Legacy Vulcan Corp. (Vulcan) petitioned this court for a writ of mandate, challenging a pretrial...

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