California Supreme Court Watch

#24-232 Fox Paine & Co., LLC v. Twin City Fire Ins. Co., S287404.  (A168803; 104 Cal.App.5th 1034; San Francisco County Superior Court; CGC17557275.)  Petition for review after the Court of Appeal affirmed judgments in a civil action.  This case presents the following issues:  (1) Where an insurance policyholder alleges loss sufficient to reach an excess policy, but that insurer’s obligation to pay is not yet triggered because underlying layers are not yet exhausted, may the policyholder nevertheless seek declaratory relief against the insurer?  (2) Can a policyholder ever state a claim against an excess insurer for “bad faith” conduct if the underlying policy layers are not yet exhausted?

Petition for review granted: 12/11/2024

Opening brief on the merits filed: 3/12/2025

See the Court of Appeal Opinion.