Haskel, Inc. v. Superior Court

Opinion

CROSKEY, J.

In this case, we deal with one of the important implications of the Supreme Court’s most recent decision on a liability insurer’s duty of defense.

In Montrose Chemical Corp. v. Superior Court (1993) 6 Cal.4th 287 [24 Cal.Rptr.2d 467, 861 P.2d 1153] (Montrose I), the court recognized that a liability insurer’s duty to defend arises upon tender of the defense and that an immediate imposition of that burden is necessary to provide to an insured the full benefits due under the policy. This case raises the question of just how that rule impacts upon the right of an insurer, who…