Garriott Crop Dusting Co. v. Superior Court

Petitioners Garriott Crop Dusting Company, J. C. Garriott and Richard Garriott (collectively Garriott) seek a writ of mandate directing respondent Superior Court of Kern County to vacate its order granting summary judgment to real party in interest United States Aviation Underwriters, Inc. (USAU), in a declaratory relief action.

The central issue before us involves the construction of liability insurance policies issued by USAU to Garriott, covering the period between June 10, 1967, and June 10, 1970. It appears to be undisputed that Garriott’s operations on land occupied by them from 1969 through the present time resulted in toxic contamination of adjacent properties. The City of Bakersfield (the City) purchased property adjacent to Garriott’s operations in 1985, subsequently discovered the contamination on its property, and sued Garriott for damages and injunctive relief. The issue is whether USAU’s “occurrence”triggered liability policies provide indemnification or defense coverage for Garriott for damages claimed by the City when the City did not acquire the contaminated property until 15 years after the final USAU policy period terminated. Respondent court found no…