Fear Not Law Articles: LONDON MARKET INSURERS v. SUPERIORCOURTOFLOS ANGELESCOUNTY Part I

LONDON MARKET INSURERS v. SUPERIORCOURTOFLOS ANGELESCOUNTY

Filed 1/9/07

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

LONDON MARKET INSURERS,

Petitioners,

THE SUPERIOR COURT OF

LOS ANGELES COUNTY,

Respondent;

TRUCK INSURANCE EXCHANGE et al.,

Real Parties in Interest.

B189000

(Los Angeles County
Super. Ct. No. BC249550)

(Carl J. West, Judge)

ORIGINAL PROCEEDING; application for a writ of mandate. Writ granted.

Duane Morris, Brian Kelly, and Christina C. Marshall for Petitioners.

No appearance for Respondent.

Gibson, Dunn & Crutcher and Scott R. Hoyt for Real Party in Interest Truck Insurance Exchange.

Jones Day, Elwood Lui, Philip E. Cook, Reed T. Aljian, and J.W. Montgomery, III for Real Party in Interest Kaiser Cement & Gypsum Corporation.

Carroll, Burdick & McDonough, Rodney L. Eshelman, David M. Rice, and Laurie J. Hepler for Real Parties in Interest Columbia Casualty Co., Continental Insurance Co., and London Guarantee & Accident Company of New York.

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This petition for writ of mandate presents an issue of first impression in this state: The meaning of â€

Description	The term "occurrence," as used in a commercial general liability policy as applied to bodily injuries caused by exposure to asbestos, means injurious exposure to asbestos, not the manufacture and distribution of those products, so trial court erred in determining that all asbestos injuries from exposure to insured's products arose from a single annual occurrence as a matter of law.
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