State v. Underwriters at Lloyd's London, E037627 (Cal. App. 5/15/2009)

Decision Date15 May 2009
Docket NumberE037627.
PartiesSTATE OF CALIFORNIA, Plaintiff, v. UNDERWRITERS AT LLOYD'S LONDON et al., Defendants. STATE OF CALIFORNIA, Plaintiff and Appellant, v. ALLSTATE INSURANCE COMPANY et al., Defendants and Respondents.
CourtCalifornia Court of Appeals Court of Appeals

Appeal from the Superior Court of Riverside County, Nos. RIC381555, CIV239784. E. Michael Kaiser, Judge. Reversed.

Cotkin, Collins & Ginsburg, Roger W. Simpson, David W. Johnson, Jr.; Bill Lockyer, Attorney General, Darryl L. Doke, Supervising Deputy Attorney General, Jill Scally, Deputy Attorney General; Law Offices of Daniel J. Schultz, Daniel J. Schultz; Anderson Kill & Olick, Robert M. Horkovich and Edward J. Stein, for Plaintiff and Appellant.

Gauntlett & Associates, David A. Gauntlett and Eric R. Little as Amicus Curiae on behalf of Plaintiff and Appellant.

Berkes Crane Robinson & Seal, Steven M. Crane, Barbara S. Hodous; Nixon Peabody, Bruce E. Copeland, Alan S. Feiler; Berman & Aiwasian, Alan S. Berman, Steven P. Haskell; Riedl, McCloskey & Waring and Andrew McCloskey for Defendants and Respondents.

Wiley Rein & Fielding, Laura A. Foggan; Sinnott, Dito, Moura & Puebla, Randolph P. Sinnott and John J. Moura as Amicus Curiae on behalf of Defendants and Respondents.

OPINION ON REMAND

RICHLI, J.

This case is before us on a remand from the California Supreme Court. (State of California v. Allstate Ins. Co. (2009) 45 Cal.4th 1008.)

In our previous opinion in this case (State of California v. Underwriters at Lloyd's London (2006) 146 Cal.App.4th 851, review granted Apr. 18, 2007, S149988), we reversed the summary judgment in favor of Allstate Insurance Company, Century Indemnity Company, Columbia Casualty Company, and Westport Insurance Corporation (Insurers). However, we directed the trial court to grant Insurers' alternative motions for summary adjudication as to one specified issue.

To the extent that we directed the trial court to grant Insurers' alternative motions for summary adjudication, the Supreme Court reversed our judgment. In all other respects, however, it affirmed our judgment.

Accordingly, the summary judgment in favor of Insurers is reversed. The cause is remanded to the trial court for further proceedings (1) consistent with the views expressed by the Supreme Court in its opinion and (2) consistent with the views expressed in our previous opinion, to the extent that that opinion has not...

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