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North American Specialty Insurance Co. v. St. Paul Mercury Insurance Co.11/12/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
North American Special Insurance Company (North American) appeals a judgment on the pleadings in favor of St. Paul Mercury Insurance Company (St. Paul) on North American's complaint for declaratory relief and equitable contribution, which was filed after a marathon participant sued Elite Racing, Inc. (Elite) for personal injuries stemming from his participation in an event organized by Elite. North American insured Elite under a commercial general liability (CGL) policy; Elite was also named as an additional insured by an endorsement to a CGL policy issued by St. Paul to USA Track and Field, Inc. and other named insureds. On competing motions for judgment on the pleadings, the superior court determined St. Paul's coverage was excess to North American's under the plain language of the endorsement, and thus North American had no right of equitable contribution. We conclude as a matter of law both insurance policies provide primary coverage to Elite and St. Paul's endorsement only added an "other insurance" clause, presenting a question of reconciling that clause with North American's competing "other insurance" clause. We further conclude reconciliation of these clauses requires an assessment of equitable considerations, which prevents resolution of the question by motion for judgment on the pleadings. Accordingly, we reverse the judgment and direct the court to enter an order denying St. Paul's motion for judgment on the pleadings.
FACTUAL AND PROCEDURAL HISTORY
In 1999, Richard Saffro sued Elite, the organizer of the 1998 "Suzuki Rock 'N' Roll Marathon," alleging he suffered personal injuries following his participation in that event on June 21, 1998. North American insured Elite under a CGL policy in effect at the time of the marathon. That policy, in effect from March 8, 1998 to March 8, 1999, provides "general" or "blanket" coverage and is primary insurance for Elite. It contains an "other insurance" provision stating in part:
"If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows:
"a. Primary Insurance
"This insurance is primary except when b. below [inapplicable fire, automobile and aircraft losses] applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below.
"c. Method of Sharing
If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first."
On or about June 10, 1998, Elite was named as the certificate holder on a certificate of insurance affording it " 'event specific' " coverage under a CGL policy issued by St. Paul to USA Track and Field, Inc. and other entities. Elite is not a named insured under the St. Paul policy. The "Description of Operations" portion of the certificate provides:
"EVENT: Suzuki Rock 'n' Roll Marathon DATE: 6-21-98 SANCTION #1954 Certificate Holder is an additional insured for this sanctioned event."
The St. Paul policy provides: "W
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