Brooke Lindsey

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Brooke is an associate in the firm's Insurance + Reinsurance practice. Before joining the firm, she served as a law clerk for the Honorable Steven P. Logan of the U.S. District Court for the District of Arizona.

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California Supreme Court Allows Declaratory Relief and Bad Faith Claims to Proceed Against Excess Insurers Before Underlying Exhaustion

By Steven D. Allison, Sheila Z. Chen, Terrence R. McInnis, Samrah Mahmoud, Brooke Lindsey & Christy Markos on August 4, 2026

Posted in California Developments, United States

The California Supreme Court unanimously held in Fox Paine & Company, LLC v. Twin City Fire Insurance Company that insureds may seek declaratory relief against excess insurers before underlying insurance is exhausted, provided the loss is reasonably likely to reach the excess layer.
An insured may also, under

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