Litigation Update: August 2026
Posted August 14, 2026

The California Supreme Court held in Fox Paine that the absence of exhaustion of underlying insurance is not fatal to claims for declaratory relief and breach of the implied covenant of good faith and fair dealing against excess insurers. The decision came after plaintiffs alleged their excess insurers failed to indemnify expenses from earlier litigation. The court’s ruling reversed the lower court and allowed the claims to proceed.
This is an AI-written summary of reporting published elsewhere. Read the original: calawyers.org