Opinion
S273179
04-13-2022
TRUCK INSURANCE EXCHANGE v. KAISER CEMENT & GYPSUM CORP.; LONDON MARKET INSURERS; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA; GRANITE STATE INSURANCE COMPANY
B278091 Second Appellate District, Div. 4.
Petition for review granted; issues limited
The petition for review is granted.
The issue to be briefed and argued is limited to the following: May a primary insurer seek equitable contribution from an excess insurance carrier after the primary policy underlying the excess policy has been exhausted (vertical exhaustion), or is equitable contribution from an excess insurance carrier available only after all primary policies have been exhausted (horizontal exhaustion)?
Votes: Cantil-Sakauye, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Guerrero, JJ.