GENERAL ACCIDENT INS. CO. v. SUPERIOR COURT

Docket No. A076084.

55 Cal.App.4th 1444 (1997)

GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA et al., Petitioners, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; WESTERN MacARTHUR COMPANY, Real Party in Interest.

Court of Appeals of California, First District, Division Five.

June 25, 1997.


Attorney(s) appearing for the Case

COUNSEL

Sonnenschein, Nath & Rosenthal, Paul E.B. Glad, Bishop, Barry, Howe, Haney & Ryder, Jeffrey N. Haney, Rebecca B. Aherne, Keker & Van Nest, John W. Keker, Crosby, Heafey, Roach & May and Stephen G. Schrey for Petitioners.

No Appearance for Respondent.

Brobeck, Phleger & Harrison, Tom M. Freeman, David M. Halbreech, Edith M. Hofmeister and Thomas M. Peterson for Real Party in Interest.


OPINION

JONES, J.

This mandate proceeding raises the question whether a finding of corporate successor liability for asbestos torts entitles the liable successor, as a matter of law, to the insurance coverage of the predecessor corporation. We hold the successor corporation is not entitled by operation of law to the predecessor's insurance coverage.

Petitioners are three insurance companies who are defendants in an action...

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