Royal Indemnity Co. v. United Enterprises, Inc.

In this insurance coverage action, plaintiff and respondent Royal Indemnity Company (Royal) sued its former insured, defendant and respondent United Enterprises, Inc., for declaratory relief to establish that Royal should not be obligated to provide liability insurance coverage under its 1960’s-era policy purchased by United for its business that was operated on certain real property that United formerly owned (the subject property). During that period of time, United owned a trap and skeet shooting range located on the subject property, and environmental contaminants remain there. Other named defendants in the coverage action, and respondents in this case, are numerous other insurers that also provided liability policies at various times to United.

This appeal stems from the trial court’s order denying a motion to intervene in the Royal/United insurance coverage action, that was brought by appellant Flat Rock Land Company and its predecessor, Otay Land Company (collectively Flat Rock), who are the current owners of the subject property. (Code Civ. Proc., § 387; all further statutory references are to the Code of Civil Procedure unless noted.) In separate federal and…