California Court of Appeal

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Legacy Vulcan Corp. v. Superior Court, B215713

A petition for a writ of mandate, challenging a pretrial order that decided three stipulated legal questions concerning the scope of the duty to defend under a liability insurance policy issued by the insurer, is granted where: 1) the umbrella coverage was primary coverage and the existence of a duty to defend with respect to that coverage did not depend on the exhaustion of any underlying coverage; and 2) a "retained limit" or "self-insured retention" provision in a policy providing primary coverage relieves the insurer of the duty to provide an immediate, "first dollar" defense only if the policy expressly so provides, and as such, the insured need not have incurred a liability in excess of the "retained limit" described in the policy before the insurer's duty to defend could arise.

Appellate Information

  • Decided 04/30/2010
  • Published 04/30/2010



  • California Court of Appeal


  • For Appellant:
  • Covington & Burling, Donald W. Brown, Wendy L. Feng and Stephen E. George for Petitioner., Duane Morris, Ray L. Wong, Paul J. Killion, Michael J. Dickman and Cyndie M. Chang for Real Party in Interest.

  • For Appellees:
  • No appearance for Respondent.
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