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Lockheed Corp. v. Continental Ins. Co.

Citation: 35 ELR 20241
No. Nos. H026867,, (Cal. App. 6th Dist, 11/22/2005)

A court upholds, with modification, a trial court decision in favor of an insurance company in a case involving an aerospace manufacturer's claim for coverage under numerous insurance policies for pollution-related liability totaling hundreds of millions of dollars. It was error for the trial court to have sustained the demurrers of certain excess insurers. But since the court affirmed the trial court's ruling in favor of the primary insurer on each of the coverage issues, there is no potential that the manufacturer will exhaust its primary coverage and reach the excess policies. The court, therefore, modified the judgment to include an appropriate declaration.