Legal Opinion
Commerce & Industry Insurance v. Chubb Custom Insurance
California Court of Appeal
Decided October 7, 1999No. A082611PublishedCited by 24 opinions
1Opinion of the Court
Opinion
POCHÉ, Acting P. J.
On March 21, 1996, fire destroyed a New Orleans warehouse causing millions of dollars of damage. The sums involved are large but the issue here is simple—whether that loss is to be borne by one insurer or allocated between two insurers whose policies have competing “other insurance” provisions. We hold that the amount of loss must be prorated between the insurers.
Background
New Orleans municipal authorities leased a plot of unimproved land to West Coast Liquidators, Inc. (West Coast). Sometime after West Coast built the warehouse and went into possession, it sold and…
2Cases cited28 opinions
- Bank of the West v. Superior CourtCalifornia Supreme Court · 1992
- Hurtado v. Superior CourtCalifornia Supreme Court · 1974
- Fireman's Fund Insurance v. Maryland Casualty Co.California Court of Appeal · 1998
- Hartman Ranch Co. v. Associated Oil Co.California Supreme Court · 1937
- Signal Companies, Inc. v. Harbor Ins. Co.California Supreme Court · 1980
23 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Horace Mann Insurance v. General Star National InsuranceCourt of Appeals for the Fourth Circuit · 2008
- Century Surety Co. v. United Pacific InsuranceCalifornia Court of Appeal · 2003
- Hartford Casualty Insurance v. Travelers Indemnity Co.California Court of Appeal · 2003
- Carmel Development Co. v. RLI InsuranceCalifornia Court of Appeal · 2005
- Scottsdale Insurance v. State Farm Mutual Automobile InsuranceCalifornia Court of Appeal · 2005
19 more not listed; retrieve them via the Exa API.