THE STANDARD FIRE INSURANCE COMPANY v. THE SPECTRUM COMMUNITY ASSOCIATION
Filed 7/31/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| THE STANDARD FIRE INSURANCE COMPANY, Plaintiff and Respondent, v. THE SPECTRUM COMMUNITY ASSOCIATION, Defendant and Appellant. [And 68 other cases.*] | G034668 (Super. Ct. No. 02CC01586) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Stephen J. Sundvold, Judge. Reversed and remanded.
Kabateck Brown Kellner, Brian S. Kabateck, Richard L. Kellner; Robertson & Vick, Alex Robertson IV and Kevin Davis for Defendant and Appellant.
Morison-Knox Holden & Prough, William C. Morison-Knox, Marc J. Derewetzky, Robert C. Christensen and Laurence S. Near for Plaintiff and Respondent.
* * *
Story Continue from Part II……..
There is no reason why Montrose II, supra, 10 Cal.4th 645 should bar a duty to defend in the case before us. The insurer in Montrose II was held to have a duty to defend irrespective of the fact that the continuing damage began long before the policies in question were issued, and indeed, before plaintiff Levin Metals Corp. purchased the contaminated Parr-Richmond site. The case simply does not compel a conclusion that when damage initially occurs during the policy period of an occurrence-based CGL policy there can be no potential for coverage just because the plaintiff does not come knocking on the door until after the policy period has ended. To hold otherwise would be to transform the policy into a â€
