AEROJET-GENERAL v. COMMERCIAL UNION INS.

No. C051124.

65 Cal.Rptr.3d 803 (2007)

155 Cal.App.4th 132

AEROJET-GENERAL CORPORATION, Plaintiff and Appellant, v. COMMERCIAL UNION INSURANCE COMPANY et al., Defendants and Respondents.

Court of Appeal of California, Third District.

September 13, 2007.


Attorney(s) appearing for the Case

Nossaman, Guthner, Knox & Elliott, Elaine Mary O'Neil, Carl L. Blumenstein, Deborah E. Beck, San Francisco; Winston and Strawn, Scott P. DeVries, Robert A. Julian, Susan E. Lee, San Francisco; and William Hvidsten, for Plaintiff and Appellant.

Duane Morris LLP, Ray L. Wong, Paul J. Killion, Kate Cutler, San Francisco; Bishop, Barry, Howe, Haney & Ryder, Foley & Mansfield, J. Scott Wood, Oakland; Lynberg & Watkins and David K. Morrison, Los Angeles, for Defendants and Respondents.


NICHOLSON, J.

This case concerns whether sums agreed to be paid as a settlement of litigation are subject to indemnification as "damages" under excess liability insurance policies. Plaintiff sued for breach of contract and declaratory relief against its excess liability insurance carriers due to their refusal to indemnify plaintiff for costs it incurred to remediate polluted real property pursuant to a settlement agreement...

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