STATE OF CALIFORNIA v. ALLSTATE INS. CO.

No. S149988.

45 Cal.4th 1008 (2009)

STATE OF CALIFORNIA, Plaintiff and Appellant, v. ALLSTATE INSURANCE COMPANY et al., Defendants and Respondents. STATE OF CALIFORNIA, Plaintiff, v. UNDERWRITERS AT LLOYD'S LONDON et al., Defendants.

Supreme Court of California.

March 9, 2009.


Attorney(s) appearing for the Case

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Gordon B. Burns, Deputy State Solicitor General, Darryl L. Doke and Jill Scally, Deputy Attorneys General; Cotkin, Collins & Ginsburg, Cotkin & Collins, Roger W. Simpson, David W. Johnson, Jr.; Law Offices of Daniel J. Schultz, Daniel J. Schultz; Anderson Kill & Olick, Robert M. Horkovich and Edward J. Stein for Plaintiff and Appellant.

Morgan, Lewis & Bokius, Michael Y. Horton, Jason B. Komorsky and David S. Cox for League of California Cities as Amicus Curiae on behalf of Plaintiff and Appellant.

Winston & Strawn, Scott P. DeVries and Yelitza V. Dunham for Aerojet-General Corporation as Amicus Curiae on behalf of Plaintiff and Appellant.

Gauntlett & Associates, David A. Gauntlett and Eric R. Little for United Policyholders, Consumer Federation of America and Center for Community Action and Environmental Justice as Amici Curiae on behalf of Plaintiff and Appellant.

Nixon Peabody, Bruce E. Copeland and Alan S. Feiler for Defendant and Respondent Allstate Insurance Company.

Berkes Crane Robinson & Seal, Steven M. Crane and Barbara S. Hodous for Defendant and Respondent Columbia Casualty Company.

Berman & Aiwasian, Deborah Aiwasian, Alan S. Berman and Steven P. Haskell for Defendant and Respondent Century Indemnity Company.

Riedl, McCloskey & Waring and Andrew McCloskey for Defendant and Respondent Westport Insurance Company.

Wiley Rein & Fielding, Wiley Rein, Laura A. Foggan, John C. Yang; Sinnott, Dito, Moura & Puebla, Randolph P. Sinnott and John J. Moura for Complex Insurance Claims Litigation Association as Amici Curiae on behalf of Defendants and Respondents.

Duane Morris, William J. Baron and Joleen C. Lenihan for Certain London Market Insurers and Great American Insurance Company as Amici Curiae on behalf of Defendants and Respondents.

Horvitz & Levy, Barry R. Levy and Peter Abrahams for TIG Insurance Company as Amicus Curiae on behalf of Defendants and Respondents.


OPINION

WERDEGAR, J.

This case arises from efforts by the State of California (State) to obtain insurance coverage for property damage liability imposed in a federal lawsuit as a result of discharges from the "Stringfellow Acid Pits," a State-designed and -operated hazardous waste disposal facility in Riverside County. The trial court granted summary judgment to four of the State's excess insurers...

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