Perez

BACKGROUND

I. Underlying Alleged Facts In the 1980s, Perez worked as a container chassis mechanic on the Oakland waterfront. His employer from 1982 to 1987, Transport System Services (Transport), purchased brakes with asbestos-containing pads from Universal. Universal employees delivered the brakes in a van. The brakes were often on a pallet, packed “pad to pad.” As the van vibrated in transit, the pads rubbed together, releasing asbestos fibers. Perez often unloaded brakes from Universal’s delivery vans. Transport’s facility was on a very windy estuary. When Perez would open the delivery vans’ back doors, the wind would blow asbestos dust onto him. When he stepped into the vans to unload the brakes, he was further exposed to asbestos the brakes had released in the van. He also was exposed to asbestos by working with the brakes. The exposures were substantial factors contributing to his risk of developing mesothelioma. For four years in which Perez was thus exposed, Universal had a primary insurance policy and either an excess or an umbrella policy (jointly

2 secondary policy) issued by Century Indemnity Company and Ace Property & Casualty Insurance Company (the insurers). The…