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D. Cummins Corp. v. U.S. Fidelity & Guaranty

(California Court of Appeal) – In a suit brought by a company that installed asbestos products for declaratory relief against insurers, seeking, pursuant to Code of Civil Procedure section 1060, coverage for asbestos-related claims, the trial court’s order sustaining without leave to amend the defendants’ demurrer is affirmed over meritless claims that: 1) the trial court erred when it found that holding company-plaintiff did not have standing to participate in the declaratory relief action, which involved interpretation of insurance policies the insurers had previously issued to plaintiff; and 2) the court abused its discretion when it found that holding company-plaintiff could not successfully amend the complaint.

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