Employers Reinsurance v. Super. Ct.
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Filed 4/22/08 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE EMPLOYERS REINSURANCE COMPANY et al., Petitioner, B200959 (Los Angeles County Super. Ct. No. JCCP4458) v. ORDER MODIFYING OPINION THE SUPERIOR COURT OF LOS ANGELES COUNTY, [NO CHANGE IN JUDGMENT] Respondent; THORPE INSULATION COMPANY, Real Party in Interest. THE COURT: It is ordered that the opinion filed herein on April 3, 2008, be modified as follows: 1. Page 2, line 20, the paragraph beginning Gordon & Rees is modified to read: Gordon & Rees, Matthew S. Foy and Arthur Schwartz for Petitioners Granite State Insurance Company and National Union Fire Insurance Company of Pittsburgh, PA. 2. Page 2, line 24, the paragraph beginning Morgan, Lewis & Bockius is modified to read: Morgan, Lewis & Bockius, Michel Y. Horton, Charles J. Malaret, Martina Bernstein and Thomas M. Peterson for Real Party in Interest Thorpe Insulation Company. 3. Page 11, line 10, at the end of the second full paragraph, add the following footnote: Specifically, the record before us reflects that Thorpe indicated to the trial court that it had not yet decided whether to seek damages for the misallocation of suits that already been resolved, and the proceedings giving rise to this writ petition proceeded on the basis that Thorpe was not seeking such damages. The record also demonstrates, however, that Thorpe believed that the damages causes of action added to its first amended complaint would encompass claims for damages arising from the mischaracterization of former suits, should Thorpe later choose to proceed on that basis. Renumber all subsequent footnotes accordingly. [No change in judgment.]
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