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Sawyer v. Westchester Fire Insurance Company

11/20/2002

[issues of duty determined on a motion for summary adjudication "shall be deemed to be established"].) Because the duty to defend was St. Paul's, Westchester had no duty to defend until the limits of St. Paul's policy were exhausted. (Ticor Title, supra, 40 Cal.App.4th at p. 1709.)


Summary judgment was properly granted in favor of Westchester.


DISPOSITION


The judgments are affirmed. Appellants and St. Paul Fire and Marine Insurance Company are to bear their own costs on appeal. Westchester Fire Insurance Company is awarded costs on appeal.


NOT FOR PUBLICATION.


We concur:


BOREN


NOTT






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