California v. Continental Ins. Co.

The State of California sued to recover from various insurers the costs of cleaning up the Stringfellow hazardous waste site, pending since 1993. The only remaining insurers were the Continental Insurance Company and Continental Casualty Company (collectively Continental), and the only remaining issues related to prejudgment interest. In 2015, Continental paid the State its full policy limits of $12 million. The trial court ruled that the State was entitled to mandatory prejudgment interest on that amount at seven percent, dating back to 1998. In the alternative, it also ruled that the State was entitled to discretionary prejudgment interest, at seven percent, dating back to 2002. Continental appealed. In the published portion of its opinion, the Court of Appeal addressed Continental’s contentions that the award of mandatory prejudgment interest was erroneous because: (1) the award was premised on the trial court’s erroneous ruling as to when Continental’s policies attached; and (2) the State was not entitled to mandatory prejudgment interest because the amount of its damages was uncertain. Continental further contended the award of discretionary prejudgment interest was erroneous because the trial court used an inapplicable interest rate. Finding no error affecting the award of mandatory prejudgment interest, the Court of Appeal affirmed. The Court did not review the award of discretionary prejudgment interest. View "California v. Continental Ins. Co." on Justia Law