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EMPLOYERS REINSURANCE CO. v. Superior Court

Cal. Ct. App.April 22, 2008No. B200959Cited 60 times
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Case Details

Judge(s)
Croskey
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

Breach of Contract

Outcome

The court granted the insurers' writ petition in part, reversing the trial court's in limine order that precluded evidence of the parties' 30-year course of handling asbestos claims as evidence of insurance policy meaning, and remanded for further proceedings on the admissibility of such evidence.

What This Ruling Means

**What Happened:** This case involved a dispute between Employers Reinsurance Company and other insurance companies over how to interpret insurance policies related to asbestos claims. The companies had been handling asbestos-related claims for 30 years in a certain way, but disagreed about what their insurance contracts actually required them to cover. The trial court initially ruled that evidence of how the companies had handled these claims over the past three decades could not be used to help determine what the insurance policies meant. **What the Court Decided:** The appeals court disagreed with the trial court's decision. It ruled that the 30-year history of how the insurance companies had actually handled asbestos claims should be allowed as evidence when interpreting what the insurance policies require. The court sent the case back to the lower court to reconsider whether this evidence should be admitted. **Why This Matters for Workers:** This decision could benefit workers with asbestos-related illnesses. When insurance companies have a long history of paying certain types of claims, courts may now be more likely to require them to continue that practice, even if the written policy language is unclear. This could help ensure workers receive the insurance coverage they expect.

This summary was generated to explain the ruling in plain English and is not legal advice.

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This ruling information is sourced from public court records via CourtListener.com. Case outcomes, claim types, and summaries are extracted using AI analysis and may be incomplete or inaccurate. It is provided for informational and educational purposes only and does not constitute legal advice.

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