Opinion

County of San Diego v. Ace Property & Casualty Insurance

  • 33 Cal. Rptr. 3d 583
  • 37 Cal. 4th 406
  • 2005 Daily Journal DAR 10554
  • 118 P.3d 607
  • 2005 Cal. Daily Op. Serv. 7798
Court
California Supreme Court
Filed
Aug 29, 2005
Status
Published
Author
Werdegar
On the bench
Baxter, Werdegar, Moreno, Kennard
Cited by
73 cases
Authority
More cited than 11.1%

“If contractual language is clear and explicit, it governs.” (internal quotation marks omitted)

How later courts described this case

  • “If contractual language is clear and explicit, it governs.” (internal quotation marks omitted)
  • interpreting a nonstandard excess third party liability policy
  • “ ‘damages’ has legally and traditionally always been understood as limited to money ordered by a court”

Written by the judges who cited it.

The opinion

WERDEGAR, J., Concurring.

I concur in the judgment under the compulsion of Certain Underwriters at Lloyd’s of London v. Superior Court (2001) 24 Cal.4th 945 [ 103 Cal.Rptr.2d 672 , 16 P.3d 94 ] and Foster-Gardner, Inc. v. National Union Fire Ins. Co. (1998) 18 Cal.4th 857 [ 77 Cal.Rptr.2d 107 , 959 P.2d 265 ], decisions from which I dissented and which in my view deserve reconsideration.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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