HENKEL CORP. v. HARTFORD ACC. & INDEM. CO.

No. S098242.

129 Cal.Rptr.2d 828 (2003)

29 Cal.4th 934

62 P.3d 69

HENKEL CORPORATION, Plaintiff and Appellant, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, et al., Defendants and Respondents.

Supreme Court of California.

As Modified February 5, 2003.


Attorney(s) appearing for the Case

Bergman, Wedner & Dacey, Bergman & Dacey, Gregory M. Bergman and Robert M. Mason III, Los Angeles, for Plaintiff and Appellant.

Brobeck, Phleger & Harrison, Thomas M. Peterson and Brett M. Schuman, San Francisco, for Western MacArthur Company as Amicus Curiae on behalf of Plaintiff and Appellant.

Mendes & Mount and Charles Carluccio, Los Angeles, for Defendant and Respondent Lloyd's of London.

Kelley Drye & Warren, Cynthia S. Papsdorf, Laurie DeYoung, Los Angeles, William C. Heck and Sarah L. Reid, New York City, for Defendant and Respondent Rhone-Poulenc, Inc.

Hogan & Hartson, Robert E. Postawko, Los Angeles, and Patrick F. Hofer, Washington, D.C., for Defendant and Respondent Hartford Accident and Indemnity Company.

Berman & Aiwasian and Alan S. Berman, Los Angeles, for Defendant and Respondent Century Indemnity Company.

Hancock Rothert & Bunshoft, Paul J. Killion, San Francisco, and Mikel A. Glavinovich, Los Angeles, for London Market Insurers as Amicus Curiae on behalf of Defendants and Respondents.

Wiley, Rein & Fielding, Laura A. Foggan, John C. Yang, Washington, D.C.; Sinnott, Dito, Moura & Puebla and Randy M. Marmor, Oakland, for Insurance Environmental Litigation Association as Amicus Curiae on behalf of Defendant and Respondent Hartford Accident and Insurance Company.


KENNARD, J.

Through a series of agreements, plaintiff Henkel Corporation (Henkel) acquired the metallic chemical product line of Amchem Products, Inc. (Amchem No. 1),1 and assumed all related liabilities. The question here is whether Henkel also acquired the benefits of the insurance policies issued by defendants to Amchem No. 1 to cover lawsuits based on injuries sustained during the policy period.

Finding no specific language...

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