CIGA
Baxter Healthcare Corp. v. California Insurance Guarantee Ass'n
Opinion
Opinion
Yegan, J.
Appellants Baxter Healthcare Corporation and Baxter International, Inc., sought a judicial declaration that the California Insurance Guarantee Association (CIGA) must indemnify them. Appellants paid product liability claims which would have been paid by two insurance carriers, now insolvent, of a predecessor company. We review the trial court’s decision de novo {Hunter v. Pacific Mechanical Corp. (1995) 37 Cal.App.4th 1282, 1285 [ 44 Cal.Rptr.2d 335 ]; Iverson v. Muroc Unified School Dist. (1995) 32 Cal.App.4th 218, 222 [ 38 Cal.Rptr.2d 35 ]) and conclude that it properly granted summary judgment to CIGA.
Facts
Between 1971 and 1984, American Hospital Supply Company (AHSC) manufactured silicone breast implants. In each of those years, AHSC purchased between $75 million and $135 million of general liability insurance to cover product liability claims. AHSC purchased excess insurance from Transit Casualty Company (Transit) and Midland Insurance Company (Midland) during this period. Named insureds under the Transit and Midland policies included AHSC and its subsidiary, associated or affiliated companies, or owned and controlled companies “as now or hereafter…