Golden Eagle Refinery Co. v. Associated Internationall Insurance

I

Introduction

This is an action by plaintiff and appellant Golden Eagle Refinery Company, Inc. against defendants and respondents, its third party liability insurance carriers. The action is for indemnity for the millions of dollars Golden Eagle spent for the cleanup of environmental contamination at one of its refinery sites, and for the attendant economic losses resulting from its inability to develop or market that property. The trial court granted the insurers’ various motions for summary adjudication upon the grounds that Golden Eagle failed to demonstrate a prima facie case for indemnity. The trial court subsequently denied Golden Eagle’s timely motion for reconsideration.

The dispositive question of law in this appeal is whether, in an action for indemnity under a third party general liability insurance policy, proof of causation and the amount of damages incurred during each policy period are essential elements of the plaintiff’s prima facie case. We conclude in the affirmative. Because Golden Eagle failed to present evidence demonstrating an ability to allocate between covered and noncovered acts and among the various different insurers, we affirm.

II

The…