UPDATE: Insurance Company of the State of Pennsylvania filed a petition for review by the California Supreme Court of the Court of Appeal’s April 8, 2013 opinion in Kaiser Cement and Gypsum Corp. v. Insurance Company of the State of Pennsylvania, et al. The Supreme Court denied the petition on July 17, 2013 but depublished the Court of Appeal opinion. The opinion, therefore, cannot be cited.
The California Court of Appeal, Second Appellate District, reversed a trial court judgment against an excess insurer but concluded anti-stacking wording in the relevant primary policy confined that insurer’s obligation to a single per occurrence limit.
The court originally issued its opinion in Kaiser Cement and Gypsum Corp. v. Insurance Company of the State of Pennsylvania, et al. on June 3, 2011. The California Supreme Court granted review and later returned the case to the Court of Appeal to consider the effect of State of California v. Continental Ins. Co. (2012) 55 Cal.4th 186, which adopted an “all sums with stacking” rule in cases involving continuous damage or injury.
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