Breaking News: Review Granted in Montrose Decision

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On September 1, 2017, Musick Peeler published an insurance article discussing the long-awaited Court of Appeal decision in Montrose Chemical Corp. v. Superior Court (Canadian Universal Insurance Company), previously published at 14 Cal.App.5th 1306 (August 31, 2017).  The case addresses the issues of horizontal and vertical exhaustion of numerous primary and excess policies for a progressive pollution loss covering multiple years of coverage.  As we expected, on November 29, 2017, the California Supreme Court granted review of the decision.  We will continue to follow the case (S244737) and provide updates on material developments in the Supreme Court.