No. S061699.

77 Cal.Rptr.2d 537 (1998)

959 P.2d 1213

18 Cal.4th 1183

AYDIN CORPORATION, Plaintiff and Respondent, v. FIRST STATE INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of California.

As Modified on Denial of Rehearing October 14, 1998.

Attorney(s) appearing for the Case

Crosby, Heafey, Roach & May, James C. Martin, Joseph P. Mascovich, Boyd C. Sleeth, Oakland, Melito & Adolfsen, Siff Rosen and Louis G. Adolfsen, New York City, for Defendant and Appellant.

Wiley, Rein & Fielding, Laura A. Foggan, Daniel E. Troy, Craig S. Lerner, Washington D.C., Bien & Summers, Elliot L. Bien, Novate, Hancock, Rothert & Bunshoft and William J. Baron, San Francisco, as Amici Curiae on behalf of Defendant and Appellant.

Brobeck, Phleger & Harrison, Donald W. Brown, David E. Weiss and Edith M. Hofmeister, San Francisco, for Plaintiff and Respondent.

Troop, Meisinger, Steuber & Pasich, Martin D. Katz, Lauri S. Konishi, Los Angeles, Latham & Watkins, David L. Mulliken, Dorn G. Bishop, Julia E. Parry, San Diego, Heller, Ehrman, White & McAuliffe and David B. Goodwin, San Francisco, as Amici Curiae on behalf of Plaintiff and Respondent.

BROWN, Justice.

In this case, we must decide whether, in an action seeking indemnity under a standard commercial general liability insurance policy (formerly called a comprehensive general liability insurance policy), the insured or the insurer bears the burden of proving that a claim comes within the "sudden and accidental" exception to the general pollution exclusion. The Court of Appeal concluded that once the insurer...

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