STONELIGHT TILE, INC., v. CALIFORNIA INSURANCE GUARANTEE ASSOCIATION Part I
California Insurance Guarantee Association could not, under "other insurance" exception, be held liable for plaintiffs' injuries where plaintiff failed to present evidence from which a reasonable trier of fact might have concluded that insolvent insurer's scope of coverage was different from that of the other insurers. Plaintiffs, who settled with solvent insurers for less than policy limits with full knowledge of CIGA's position that such settlements would leave CIGA without liability under the "other insurance" exception, were properly barred from recovering additional sums from CIGA. CIGA was not liable on distinct claims of plaintiff which were not covered by settlements with solvent insurers, but for which insolvent insurer could not have been liable because statute of limitations limited plaintiffs' recovery to damages incurred outside period in which insolvent insurer provided coverage.
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