Beverly Hills Unified School Dist. v. Gulf Underwriters Ins. Co.

Filed 2/16/07  Beverly Hills Unified School Dist. v. Gulf Underwriters Ins. Co.CA2/4

NOTTO BE PUBLISHED IN THE OFFICIAL REPORTS

CaliforniaRules of Court, rule 977(a), prohibits courts and parties from citing orrelying on opinions not certified for publication or ordered published, exceptas specified by rule 977(b).  This opinion has not been certified forpublication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

          APPEALfrom a judgment of the Superior Court ofLos Angeles County, Richard L. Fruin, Judge.  Affirmed.

          Orbach,Huff & Suarez and Mark L. Jubelt for Plaintiff and Appellant.

          Morrison& Foerster, David B. Babbe and Sonia S. Waisman for Defendant andRespondent.

INTRODUCTION

          This cases involves an insurance coverage dispute.  The Beverly Hills Unified  School District (BHUSD) permitted oil and gasexploration and drilling on its high school campus.  Multiple personal injury lawsuitshave been filed against BHUSD for injuries and deaths allegedly caused by thecontamination created by these activities.  BHUSD tendered its defense to GulfUnderwriters Insurance Company (Gulf).  Gulf denied coverage based upon apollution exclusion in its policy.  BHUSD filed a declaratory relief action.  The trialcourt granted summary judgment toGulf.  BHUSD appeals, and we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

1.  Tenderand Rejection of a Defense

          Thereare now eight consolidated actions pending against BHUSD.  When BHUSD firstsought a defense from Gulf, the operative third party pleading was the firstamended complaint filed in the Moss action.  The plaintiffs (or their deceasedspouses) in the Moss action had been students at Beverly Hills High School at some pointduring the period 1977-1996.  The complaint alleged that during â€