National Union Fire Insurance v. Tokio Marine

Filed 3/5/15 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

NATIONAL UNION FIRE INSURANCE B244899 and B247258

COMPANY OF PITTSBURGH, PA.,

(Los Angeles County Plaintiff and Appellant, Super. Ct. No. BC359837)

v. ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT]

TOKIO MARINE AND NICHIDO FIRE

INSURANCE COMPANY et al.,

Defendants and Respondents.

THE COURT:

It is ordered that the opinion filed herein on February 4, 2015 be modified as follows: 1. On page 2, in the first sentence of the second paragraph, delete the words “the costs of defending the Daer action as well as” and delete footnote 2. 2. On page 4, delete the second paragraph in its entirety and replace it with the following sentence: According to Yokohama, Costco terminated it as a vendor in 1996 and ceased all purchases from Yokohama in September 1997. 3. On page 5, in the first sentence of the last paragraph delete the words “to recover the costs of defense of, and.” 4. Starting on p. 12, delete the two full paragraphs under the heading…