08/19/2026
A recent California Supreme Court decision provides important guidance on when policyholders can pursue declaratory relief and bad faith claims against excess insurers before underlying insurance has been exhausted. Kyle Rudolph, with research and contributions from Summer Associate Henry Austin, examines the court’s decision in Fox Paine & Company, LLC v. Twin City Fire Insurance Company and discusses how the ruling expands policyholders’ ability to pursue claims against excess insurers while highlighting the importance of sufficiently pleading covered losses and potential coverage obligations. Click here to read more: https://www.sdvlaw.com/publications/actual-controversy-without-actual-exhaustion/