The “Montrose” Exclusion
In an attempt to avoid the decision of the California Supreme Court in Montrose Chemical Corp. v. Superior Court (1993) 6 Cal. 4th 287, 295, the CGL was endorsed with what became known as the Montrose Endorsement that sets out an exclusion of losses known to the insured. It attempted to clarify the finding of the California Supreme Court that “the rule provides that insurance is a contract that indemnifies against a loss or losses arising from contingent or unknown events” and that any such “contingent or unknown event may be insured against.”
The following video was adapted from my book, “Insurance Claims A Comprehensive Guide” Published by the National Underwriter Company and is available at the Zalma Insurance Claims Library.
The author and publisher disclaim any liability, loss, or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this blog. The information provided is not a substitute for the advice of a competent insurance, legal, or other professional. The Information provided at this site should not be relied on as legal advice. Legal advice cannot be given without full consideration of all relevant information relating to an individual situation.