Michael Akins Betty Akins v. Ronald J. Rodriguez American Nuclear Insurers, Inc.

This appeal involves one of two class actions arising out of the alleged contamination of stream water by the discharge of radioactive material from the Rancho Seco nuclear power plant located in Sacramento County, California.

I

A class of approximately 200 people living in the vicinity of Rancho Seco (collectively “AMns”), sued the plant’s owner and operator, the Sacramento Municipal Utility District (“SMUD”), in California state court. In that suit, the state trial court granted SMUD’s motion for summary judgment. The California Court of Appeal affirmed. Akins v. Sacramento Mun. Util. Dist., 18 Cal.App.4th 208 , 8 Cal.Rptr.2d 785 (1992) (“Akins I”). Subsequently, however, the California Supreme Court granted AMns’ petition for review of Akins I. Akins v. Sacramento Mun. Util. Dist., 11 Cal.Rptr.2d 329 , 834 P.2d 1147 (1992). The California Supreme Court has yet. to issue an opinion in that case.

In the instant action (“Akins II”), filed just before Akins I was set to begin trial, AMns brought suit in state court against American Nuclear Insurers, Inc. (“ANI”) and nine current and former SMUD employees. ANI is a pool of stock insurance companies wMch provide insurance to…