Ruling were issued in two separate cases seeking coverage for government-ordered cleanup costs, the California Supreme Court on Aug. 29. 2005 affirmed that coverage is potentially available under language broader than standard CGL policy language, while coverage is limited to court-ordered money judgments under other nonstandard excess language similar to case law involving policy language requiring a court judgment in a suit for “damages” (Powerine Oil Company Inc. v. Superior Court of Los Angeles County, Central National Insurance Company of Omaha, et al., real parties in interest, No. S113295, Calif. Sup.; 2005 Cal. LEXIS 9547 [Powerine II] and County of San Diego v. ACE Property & Casualty Insurance Co., et al., No. S114779, Calif. Sup.; 2005 Cal. LEXIS 9548).
Evan S. Schwartz
Founder of Schwartz, Conroy & Hack
800-745-1755
ESS@schwartzlawpc.com