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Appellate Court Stacks Policies in $700,000,000 Continuing Damage Claim State of California v. Continental Insurance Company, et al (January 2009) 169 Cal.App.4th 1114 by Frank J. Pagliaro
Ropers, Majeski, Kohn & Bentley, [incorporation phrase format]A Professional Corporation - Redwood City Office
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October 30, 2009
This is an extremely important case decided by the California Fourth Appellate District wherein the court holds that where there is bodily harm or property damage that is continuous through a number of insurance policy periods that any single policy can become liable for the entire sum of damages restricted only by the insurance limits of each individual policy. Furthermore, the court ruled that the policies and their limits could be "stacked" with the result that they become cumulative or, in essence, a stack of coverage.
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