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County of San Diego v. Ace Property & Casaulty Insurance Company11/14/2002
14,000 in 1978 for the settlement of unspecified claims exceeding the deductible, or self-insured retention, does not persuade us otherwise.
We are also unpersuaded by the County's assertion the ACE policy covers cleanup costs and other nonlitigated settlements because such coverage is not specifically excluded. "Insurance policies are written in two parts: an insuring agreement which defines the type of risks being covered, and exclusions, which remove coverage for certain risks which are initially within the insuring clause. . . . [ ] . . . hen an occurrence is clearly not within the coverage clause, it does not also have to be specifically excluded." (Rosen v. Nations Title Ins. Co. (1997) 56 Cal.App.4th 1489, 1497.)
Also lacking merit is the County's assertion there is coverage under the ACE policy because the environmental cleanup costs and Sossaman and Atkinson settlements were liabilities assumed under a contract. Again, the insuring clause requires ACE to indemnify the County for "all sums which is obligated to pay by reason of liability imposed by law or assumed under contract or agreement," for damages attributable to injury to person or property. However, "the insured must assume the other contracting party's tort liability to third parties in order for insured contract coverage to attach." (Richmond & Black, Expanding Liability Coverage: Insured Contracts and Additional Insureds (1996) 44 Drake L.Rev. 781, 784; Bernstein v. Consolidated American Ins. Co. (1995) 37 Cal.App.4th 763, 771, disapproved on another ground in Vandenberg, supra, 21 Cal.4th at p. 841, fn.13; Croskey et al., Cal. Practice Guide: Insurance Litigation, supra, 7:149.6, p. 7A-48.) Here, the County did not assume the tort liability of another.
DISPOSITION
The judgment is affirmed. ACE is awarded its costs on appeal.
WE CONCUR:
McDONALD, Acting P. J.
O'ROURKE, J.
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