AEROJET-GENERAL
Aerojet-General Corp. v. Commercial Union Insurance
Opinion
Opinion
Nicholson, J.
This case concerns whether sums agreed to be paid as a settlement of litigation are subject to indemnification as “damages” under excess liability insurance policies. Plaintiff sued for breach of contract and declaratory relief against its excess liability insurance carriers due to their refusal to indemnify plaintiff for costs it incurred to remediate polluted real property pursuant to a settlement agreement from another legal action. The trial court granted summary judgment to the insurers, determining the insurers were not liable under the terms of their policies to indemnify plaintiff for its costs. We conclude the trial court interpreted the insurance policies correctly and affirm its judgment.
BACKGROUND
Undisputed facts
We recite the trial court’s concise statement of the case’s undisputed facts. “Plaintiff Aerojet filed this action for breach of contract and declaratory relief against certain excess carriers seeking indemnification for the costs of remediating groundwater contamination near its former facility in Azusa.[ ] The complaint alleges that in 2000 and 2001 various water entities filed law suits alleging that Aerojet was liable for CERCLA[ ] response…