AMERON INTERNAT. CORP. v. INSURANCE CO. OF STATE OF PENNSYLVANIA

No. S153852.

50 Cal.4th 1370 (2010)

118 Cal. Rptr. 3d 95

242 P.3d 1020

AMERON INTERNATIONAL CORPORATION, Plaintiff and Appellant, v. INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA et al., Defendants and Respondents. AMERON INTERNATIONAL CORPORATION, Plaintiff and Appellant, v. HARBOR INSURANCE COMPANY, Defendant and Respondent.

Supreme Court of California.

November 18, 2010.


Attorney(s) appearing for the Case

Stanzler Funderburk & Castellon, Stanzler Law Group and Jordan S. Stanzler for Plaintiff and Appellant.

Weston, Benshoof, Rochefort, Rubalcava & MacCuish and Richard Giller for California Cast Metals Association as Amicus Curiae on behalf of Plaintiff and Appellant.

McCurdy & Fuller, Kevin G. McCurdy and Rosemary J. Springer for Defendant and Respondent Insurance Company of the State of Pennsylvania.

Hinshaw & Culbertson, Robert J. Romero , Paul E. Vallone and Joseph J. De Hope, Jr. , for Defendants and Respondents Century Indemnity Company, Insurance Company of North America, Pacific Employers Insurance Company, St. Paul Surplus Lines Insurance Company, Insurance Company of the State of Pennsylvania, Harbor Insurance Company and Transcontinental Insurance Company.

Charlston, Revich & Chamberlin, Charlston, Revich & Wollitz, Ira Revich and Nicholas R. Andrea for Defendants and Respondents International Insurance Company and Puritan Insurance Company.

Burnham Brown , Thomas M. Downey , Tyler G. Olpin and James Y. Higa for Defendants and Respondents Transcontinental Insurance Company and Harbor Insurance Company.

Ericksen, Arbuthnot, Kilduff, Day & Lindstrom and Andrew P. Sclar for Defendant and Respondent Old Republic Insurance Company.

Hogan & Hartson, David R. Singer , Jonathan S. Franklin , William J. Bowman and Catherine E. Stetson for Defendant and Respondent Twin City Fire Insurance Company.

Sonnenschein Nath & Rosenthal, Michael A. Barnes , Sonia Martin and Lee L. Kaster for Defendant and Respondent Great American Surplus Lines Insurance Company.

O'Melveny & Myers, Richard B. Goetz and A. Patricia Klemic for Defendants and Respondents Insurance Company of North America and Pacific Employers Insurance Company.

Foley & Lardner, Eileen R. Ridley and Patrick T. Wong for Lloyd's and The Reinsurance Association of America as Amici Curiae on behalf of Defendants and Respondents.

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

Sinnott, Dito, Moura & Puebla, Blaise S. Curet and Stephen R. Wong for Zurich American Insurance Company as Amicus Curiae on behalf of Defendants and Respondents.


OPINION

CHIN, J.

This court has defined the term "suit" in a comprehensive general liability (CGL) insurance policy as "a court proceeding initiated by the filing of a complaint." (Foster-Gardner, Inc. v. National Union Fire Ins. Co. (1998) 18 Cal.4th 857, 887 [77 Cal.Rptr.2d 107, 959 P.2d 265] (Foster-Gardner...

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