Charmac, Inc. v. Aetna Casualty & Surety Co.

This appeal requires interpretation of Insurance Code 1 section 11580.9, subdivision (c), which generally provides that when a loss arises in connection with the loading or unloading of a vehicle, and there are two or more policies of insurance “applicable to the same loss,” the insurance policy which covers the premises is presumed to be the primary policy, and the vehicle insurance policy is relegated to the role of excess insurer. The sole issue here is whether the trial court correctly construed section 11580.9, subdivision (c) as extending the coverage afforded by the premises policy to a party who was otherwise protected solely by the vehicle policy.

*401 Facts and Procedural Posture

The facts are undisputed. Craig Campbell was injured while unloading a truck at a job site in La Mesa, California. The owners of the property were Lincoln La Mesa, Lincoln Property Company and PBMC, Inc. (collectively PBMC), who were insured under a broad-form comprehensive general liability policy (the premises policy) issued by Aetna Casualty & Surety Company (Aetna). The owners of the truck were Charmac, Inc., and/or Manufacturer’s Mirror and Door Company (collectively Charmac),…