Denny's, Inc. v. Chicago Insurance

Opinion

TURNER, P. J.

I. Introduction

This case presents the question whether two excess insurers were required to provide coverage in the place of an insolvent underlying insurer. The trial court granted summary judgment pursuant to Code of Civil Procedure section 437c in favor of the two excess insurers. The trial court found that (1) the excess insurance policies were “not ambiguous with respect to assumption of the risk of an underlying insurer’s insolvency or inability to pay” and (2) the excess insurance policies, through incorporation of the consistent terms and conditions of the…