D. Cummins Corp. v. U.S. Fid. & Guaranty Co.

*1486 D. Cummins Holding LLC (Holding Co.) appeals from the trial court's order sustaining without leave to amend the demurrer of United States Fidelity and Guarantee Company (U.S. Fidelity) and United States Fire Insurance Company (U.S. Fire) (collectively, the insurers or defendants), 1 to the complaint for declaratory *587 relief filed by Holding Co. and D. Cummins Corporation (Cummins Corp.) (collectively, plaintiffs), dismissing Holding Co.'s claims. Holding Co. now contends the trial court erred when it found that Holding Co. did not have standing to participate in the declaratory relief action, which involved interpretation of insurance policies the insurers had previously issued to Cummins Corp. Holding Co. further contends the court abused its discretion when it found that Holding Co. could not successfully amend the complaint. We shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

The complaint in this matter alleged the following facts. Cummins Corp., a California corporation formerly known as Valley Asbestos Company, installed asbestos containing products in California, and had received hundreds of *1487 asbestos bodily injury claims, including many…