Garamendi

This appeal is from a trial court order directing California’s Insurance Commissioner to accept three late claims in the liquidation proceeding against an insolvent insurer. We reverse as to one of the claims and affirm as to the others.

Factual Background

Carboline Company, a Missouri corporation, manufactured and sold roofing and surface coating products. Carboline was insured by Mission Insurance Company, a California insurer, for liability arising from occurrences (including personal injury and property damage) during the policy period, regardless of how many years later a claim was actually made. Such occurrence-based liability policies are described as having a “ ‘long tail.’ ” (Middleton v. Imperial Ins. Co. (1983) 34 Cal.3d 134, 136 [ 193 Cal.Rptr. 144 , 666 P.2d 1 ].)

Mission became insolvent and was placed in conservatorship in 1985 upon the application of the Insurance Commissioner of the State of California. (Ins. Code, § 1011.) On February 24, 1987, the superior court granted the commissioner’s application to liquidate Mission. (§ 1016.) The commissioner gave the required notice of liquidation to Mission’s known insureds, including Carboline. (§ 1021,…