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FLUOR CORP. v. SUPERIOR COURT

No. S205889.

61 Cal.4th 1175 (2015)

191 Cal. Rptr. 3d 498

354 P.3d 302

FLUOR CORPORATION, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; HARTFORD ACCIDENT & INDEMNITY COMPANY, Real Party in Interest.

Supreme Court of California.

August 20, 2015.

Attorney(s) appearing for the Case

Latham & Watkins, G. Andrew Lundberg , Brook B. Roberts and John M. Wilson for Petitioner.

Alok K. Gupta ; Reed Smith, James C. Martin , David H. Halbreich and Traci S. Rea for Henry Company LLC and Parsons Corporation as Amici Curiae on behalf of Petitioner.

Dickstein Shapiro and Kirk A. Pasich for United Policyholders as Amici Curiae on behalf of Petitioner.

Perkins Coie and Timothy L. Alger for Alpha Appalachia Holdings, Inc., as Amicus Curiae on behalf of Petitioner.

Kamala D. Harris , Attorney General, Susan Duncan Lee , Acting State Solicitor General, Kathleen A. Kenealy , Chief Assistant Attorney General, Paul Gifford , Assistant Attorney General, Joyce E. Hee and Anne Michelle Burr , Deputy Attorneys General, for The California Insurance Commissioner as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

Horvitz & Levy, Jason R. Litt , John A. Taylor, Jr. ; Gaims, Weil, West & Epstein, Alan Jay Weil , Jeffrey B. Ellis ; Shipman & Goodwin, James P. Ruggeri and Joshua D. Weinberg for Real Party in Interest.

Troutman Sanders , Thomas H. Prouty and Patrick F. Hofer for Stonewall Insurance Company as Amicus Curiae on behalf of Real Party in Interest.

Gordon & Rees, Dave C. Capell and Dawn N. Valentine for Complex Insurance Claims Litigation Association and America Insurance Association as Amici Curiae on behalf of Real Party in Interest.

OPINION

We granted review to consider whether Insurance Code section 520—a statute tracing back to 1872, which was not cited to or considered by this court when we decided Henkel Corp. v. Hartford Accident & Indemnity Co. (2003) 29 Cal.4th 934 [

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