Appellate Court Upholds Trial Court's Award of Damages and Defense Costs, Modifies Interest Rate

LOS ANGELES - According to an unpublished opinion filed Jan. 6, an appellate court ruled that a trial court correctly calculated the damages awarded to the manufacturer of DES based on its insurance company's failure to comply with a policy that reportedly included products liability coverage for bodily injury resulting from exposure to the drug. Dart Industries, Inc., Plaintiff and Respondent, v. Commercial Union Insurance Co., Defendant and Appellant, No. B129601 (Calif. Co. Appeals, Second Dist.).

However, Associate Justice Miriam A. Vogel ruled that the $1,410,810 added to reflect the prejudgment interest rate of 10 percent should be modified to …