California Court of Appeal Affirms Vertical Exhaustion In Long Tail Asbestos Coverage Case

Following the California Supreme Court’s decision applying vertical exhaustion in Montrose Chemical Corp. of California v. Superior Court (2020) 9 Cal.5th 215 (“Montrose III”), on July 13, 2020, the California Court of Appeal issued its decision in SantaFe Braun, Inc. v. Insurance Company of North America, 2020 WL 3957290, Case No. A151428 (Ct. App. 1st Dist., Div. 4, July 13, 2020) (“Braun v. INA”), holding that all primary policies covering all time periods do not have to be exhausted before coverage can be triggered under any excess policies.

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