Montrose Chemical Corp. of California v. Superior CourtAnnotate this Case
In this case concerning the sequence in which Montrose Chemical Corporation, which was sued by causing environmental damage in the Los Angeles area, may access its excess insurance policies covering the period from 1961 to 1985, the Supreme Court held that Montrose may seek indemnification under any excess policy once it has exhausted the underlying excess policies in the same policy period.
Montrose purchased primary and excess comprehensive general liability insurance to cover its operations at its Torrance facility from defendant insurers between 1961 and 1985. Montrose's primary insurance was exhausted in litigation due to environmental contamination allegedly caused by Montrose's operation of this facility. At issue was whether Montrose was required to exhaust other insurance coverage from other policy periods. The Supreme Court held (1) Montrose was entitled to access otherwise available coverage under any excess policy once it has exhausted directly underlying excess policies for the same policy period; and (2) an insurer called on to provide indemnification may seek reimbursement from other insurers that would have been liable to provide coverage under excess policies for any period in which the injury occurred.