NATIONAL FOOTBALL LEAGUE v. FIREMAN'S FUND INSURANCE COMPANY

No. B245619.

216 Cal.App.4th 902 (2013)

157 Cal. Rptr. 3d 318

NATIONAL FOOTBALL LEAGUE et al., Plaintiffs and Appellants, v. FIREMAN'S FUND INSURANCE COMPANY et al., Defendants and Respondents.

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

May 28, 2013.


Attorney(s) appearing for the Case

Covington & Burling, Donald W. Brown , Michael S. Greenberg , Jeffrey M. Davidson ; Munger, Tolles & Olson and Cary B. Lerman for Plaintiffs and Appellants.

Cozen O'Connor, Charles E. Wheeler , Matthew Walsh , Amanda M. Lorenz ; Carroll, McNulty & Kull, Christopher R. Carroll and Heather E. Simpson for Defendants and Respondents TIG Insurance Company, The North River Insurance Company and U.S. Fire Insurance Company.

Selman Breitman, Sheryl W. Leichenger and Elisabeth M. D'Agostino for Defendant and Respondent American Guarantee & Liability Insurance Company.

Tressler, Michaela L. Sozio , Elizabeth L. Musser ; White & Williams, Michael O. Kassak and Edward M. Koch for Defendants and Respondents Federal Insurance Company, Vigilant Insurance Company and Great Northern Insurance Company.

The Aguilera Law Group, A. Eric Aguilera ; Hermes, Netburn, O'Connor & Spearing, Kevin J. O'Connor , Peter C. Netburn and Matthew C. Kalin for Defendants and Respondents Discovery Property & Casualty Insurance Company, St. Paul Protective Insurance Company, Travelers Casualty & Surety Company, Travelers Indemnity Company and Travelers Property Casualty Company of America.

Troutman Sanders, Terrence R. McInnis and William D. Burger, Jr. , for Defendant and Respondent XL Insurance America, Inc.

Clyde & Co US, David A. Gabianelli , Andrew G. Wanger , Daren S. McNally and Barbara M. Almeida for Defendants and Respondents Ace American Insurance Company, Century Indemnity Insurance Company, Illinois Union Insurance Company and Westchester Fire Insurance Company.

Gordon & Rees, Peter Schwartz and Gary Collis for Defendant and Respondent Alterra America Insurance Company.

Arnold & Porter, Brian K. Condon , Jake R. Miller ; Jackson & Campbell, Warren Lutz , Timothy R. Dingilian and Paul D. Smolinsky for Defendants and Respondents Chartis Property Casualty Company, Chartis Specialty Insurance Company, Illinois National Insurance Company and National Union Fire Insurance Company of Pittsburgh, Pa.

Wilson, Elser, Moskowitz, Edelman & Dicker, William K. Enger and James J. Pulliam for Defendant and Respondent Guarantee Insurance Company.


OPINION

O'NEILL, J.*

I. INTRODUCTION

The National Football League has returned to Los Angeles, but not, as many Angelenos hope, bearing the gift of a new home team. The league administration and its intellectual property marketing arm have been sued in multiple states by dozens of former players alleging lifelong brain damage from onfield injuries dating back to the 1950's. In this case the plaintiffs...

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