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Tosco Corp. v. General Insurance Company of America12/28/2000
CERTIFIED FOR PUBLICATION
Plaintiff Tosco Corporation brought this action against numerous insurers to establish insurance coverage for environmental cleanup costs. The appeals now before us arise from summary judgments entered in favor of three insurers on the authority of A. C. Label Co. v. Transamerica Ins. Co. (1996) 48 Cal.App.4th 1188 (A. C. Label), which held that a comprehensive general liability insurer could not be required to defend or indemnify an insured with respect to liabilities arising from property that the insured did not own during the policy period. On appeal plaintiff contends that we should take issue with that decision. We decline to do so, and affirm the judgments.
Background
Tosco's third amended complaint sought declaratory relief and damages against respondents General Insurance Company of America (General), Chicago Insurance Co. (Chicago), Commercial Union Insurance Co. (Commercial Union), and many other insurers. Tosco alleged that it was the insured under primary or excess policies of comprehensive general liability (CGL) insurance issued by the defendants between January 24, 1962, and August 1, 1991. General's policy allegedly covered a period from January 24, 1962, to April 27, 1962 ; Chicago's from March 17, 1971, to March 17, 1972 ; and Commercial Union's from January 1, 1972 to January 1, 1973. Tosco alleged that each of the policies "provides insurance coverage for all sums that Tosco is or becomes obligated to pay because of bodily injury , property damage, or personal injury ," and that the policies "obligate the defendant insurers to pay the costs of investigation and defense against any claim asserted against Tosco because of such damage or injury." The complaint specified two broad categories of claims as to which Tosco asserted coverage under defendants' policies: "environmental claims" by public and private entities arising from the alleged contamination of properties owned by Tosco; and "asbestos claims" seeking damages for bodily injury arising from asbestos exposure on premises owned or operated by Tosco.
Tosco pleaded 10 causes of action. The first, second, sixth, and seventh sought declaratory judgments establishing that all defendants were obligated to indemnify Tosco, and absorb defense and investigation costs, with respect to any environmental or asbestos claims successfully asserted against it. The remaining counts asserted claims against insurers other than respondents.
General moved for summary judgment. For purposes of the motion, General assumed that it had in fact issued a policy to Tosco, as alleged. General asserted that it had no duty to indemnify or defend Tosco for the claims described in the complaint because, as of the stated policy period, Tosco did not own, or have any other relationship to, any of the properties from which those claims arose. General contended that its coverage did not extend to claims arising from property acquired by Tosco after the policy period defined by General's policy. General cited A. C. Label as well as Cooper Companies v. Transcontinental Ins. Co. (1995) 31 Cal.App.4th 1094 (Cooper), Armstrong World Industries, Inc. v. Aetna Casualty & Surety Co. (1996) 45 Cal.App.4th 1, and unpublished decisions by the superior court and a federal court in Michigan.
Commercial Union brought its own motion for summary judgment, echoing General's argument that it had no obligation to defend or indemnify Tosco with respect to claims arising from property acquired after the policy period. In addition, Commercial Union contended that Tosco had no "insurable interest" in the affected properties during the policy period.
The trial court granted th
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