Docket No. S042745.

12 Cal.4th 389 (1995)

906 P.2d 1341

48 Cal. Rptr.2d 159

TRANSAMERICA INSURANCE COMPANY, Plaintiff and Appellant, v. TAB TRANSPORTATION, INC., Defendant and Appellant.

Supreme Court of California.

December 29, 1995.

Attorney(s) appearing for the Case


Michel & Manning, Michael D. Michel and J. Martin Sproul for Plaintiff and Appellant.

Long & Levit, J. Kevin Synder and Edward Muramoto as Amici Curiae on behalf of Plaintiff and Appellant.

Hardin, Cook, Loper, Engel & Bergez, Ralph A. Lombardi and Kevin J. Chechak for Defendant and Appellant.

Peter Arth, Jr., Anne K. Mester and Joel T. Perlstein as Amici Curiae on behalf of Defendant and Appellant.



A 1989 collision between an Amtrak train and a truck owned by a licensed highway carrier, Tab Transportation, Inc. (hereafter Tab), caused the deaths of three persons and injured several others, resulting in $6 million in legal claims for wrongful death, personal injury, and property damage against Tab. Tab sought recovery under three insurance policies issued by different insurers for different policy periods...

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