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14-56366 - Teleflex Medical Inc. v. National Union Fire Ins. Co.


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14-56366 - Teleflex Medical Inc. v. National Union Fire Ins. Co.
March 21, 2017
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FILED OPINION (DIARMUID F. O'SCANNLAIN, JOHNNIE B. RAWLINSON and CONSUELO M. CALLAHAN) National Union’s motion to certify the question of the Diamond Heights rule’s validity to the California Supreme Court is denied. In light of consistent California appellate court decisions addressing the duties of excess carriers with respect to the settlement of covered claims against the insured, we find that certification is not warranted. The costs of this appeal are taxed against National Union. AFFIRMED. Judge: CMC Authoring. FILED AND ENTERED JUDGMENT. [10364553]