Legal Opinion
EMPLOYERS REINSURANCE CO. v. Superior Court
California Court of Appeal
Decided April 22, 2008No. B200959PublishedCited by 41 opinions
1Opinion of the Court
Opinion
CROSKEY, J.
In this case, we consider the use of “course of performance” evidence in the interpretation of contracts of insurance and conclude that such evidence is relevant and may be used for such purpose. However, such evidence is only admissible when the performance was pursuant to the contract to be interpreted, not a subsequent settlement agreement such as the one we have in this case.
Thorpe Insulation Company (Thorpe), a distributor and installer of asbestos insulation products, was sued in numerous personal injury actions. Thorpe had many insurance policies, both primary and…
2Cases cited10 opinions
- AIU Insurance v. Superior CourtCalifornia Supreme Court · 1990
- Universal Sales Corp. v. California Press Manufacturing Co.California Supreme Court · 1942
- People v. GuerraCalifornia Supreme Court · 2006
- Warner Construction Corp. v. City of Los AngelesCalifornia Supreme Court · 1970
- Crestview Cemetery Ass'n v. DiedenCalifornia Supreme Court · 1960
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3Cited by41 opinions
- West v. JPMorgan Chase BankCalifornia Court of Appeal · 2013
- SCO Group, Inc. v. Novell, Inc.Court of Appeals for the Tenth Circuit · 2009
- Stewart v. Screen Gems-Emi Music, Inc.District Court, N.D. California · 2015
- In Re Tobacco Cases ICalifornia Court of Appeal · 2010
- Lonely Maiden Productions v. Goldentree Asset ManagementCalifornia Court of Appeal · 2011
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