Ciga

Stonelight Tile, Inc. v. California Insurance Guarantee Ass'n

Good Law
150 Cal. App. 4th 19·2007 Cal. App. LEXIS 642·58 Cal. Rptr. 3d 74·2007 WL 934654·2007 Cal. Daily Op. Serv. 4506
Court of Appeal of CaliforniaMarch 29, 2007H029043California7,546 words

Opinion

Opinion

McADAMS, J.

In this insurance coverage dispute, appellants Stonelight Tile, Inc. (Stonelight), and David G. Anson (Anson), Stonelight’s controlling shareholder (hereafter jointly Plaintiffs), contend that the trial court erred when it granted respondent California Insurance Guarantee Association’s (CIGA) motion for summary judgment. In its summary judgment motion, CIGA had argued that it was prohibited from contributing toward the payment of a judgment Plaintiffs had obtained against Diversified Recycling Services, Inc. (Diversified), in an action for damages due to repeated exposure to dust generated by Diversified’s recycling operations, on the grounds that there was other insurance available to cover the judgment (Ins. Code, § 1063.1, subd. (c)(9)).

Plaintiffs contend there was no other insurance available to them because CIGA’s scope of coverage was different from that of the other insurers whose policies were triggered in this continuous loss case. Plaintiffs also contend that the continuous trigger of coverage that obligates the other insurers to pay the judgment in the underlying action in full, subject to a right of contribution, does not apply to Plaintiffs’ claims for…

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