On Monday morning, the Supreme Court will file its opinion in Montrose Chemical Corporation of California v. Superior Court, the last undecided case from the January calendar. (Briefs here; oral argument video here.)
Montrose raises this issue: When continuous property damage occurs during several periods for which an insured purchased multiple layers of excess insurance, does the rule of “horizontal exhaustion” require the insured to exhaust excess insurance at lower levels for all periods before obtaining coverage from higher level excess insurance in any period? Sixth District Court of Appeal Justice Franklin Elia and First District, Division Four, Justice Tracie Brown are sitting pro tem, in place of Justices Ming Chin and Carol Corrigan, who are recused. The court granted review in November 2017.
The opinion can be viewed Monday starting at 10:00 a.m.
