Supervalu, Inc. v. Wexford Underwriting Managers, Inc.

The issue presented is the interpretation of the word “occurrence” in the excess workers’ compensation policies provided to appellant Supervalu, Inc., doing business as Albertson’s, Inc. (Supervalu), by respondents TIG Insurance Company (TIG), Continental Casualty Company (Continental) and Wexford Underwriting Managers, Inc. (Wexford) (collectively respondents). The trial court concluded that Supervalu was required to pay a self-insured retention every time an employee sustained injury due to an accident or occupational disease. It granted summary adjudication in favor of TIG and Continental and summary judgment in favor of Wexford. The parties dismissed their remaining claims without prejudice in order to facilitate this appeal. Supervalu appeals on the following grounds: (1) in the workers’ compensation industry, “occurrence” means a claim that results in one award or compromise and release regardless of the number of injuries involved, and this technical meaning controls interpretation of the insurance policies; (2) Continental and TIG are estopped from asserting a new interpretation, i.e., that an award or compromise and release is not a single occurrence because it…