TAILIEUCHUNG - IN THE SUPREME COURT OF CALIFORNIA - Filed 8/9/12

There is a strong relationship between health insurance coverage and access to medical services. Health insurance makes a substantial difference in the amount and kind of health care people are able to afford, as well as where they obtain care. Research has consistently shown that the lack of insurance ultimately compromises persons’ health because they are less likely to receive preventive care, are more likely to be hospitalized for avoidable health problems, and are more likely to be diagnosed in the late stages of disease. Having insurance improves health overall and could reduce mortality rates for the. | Filed 8 9 12 IN THE SUPREME COURT OF CALIFORNIA THE STATE OF CALIFORNIA Plaintiff Cross-Defendant and Appellant v. CONTINENTAL INSURANCE COMPANY et al. Defendants Cross- Complainants and Appellants EMPLOYERS INSURANCE OF_ WAUSAU Defendant Cross- Complainant and Respondent. _ S170560 Ct. App. 4 2 E041425 Riverside County Super. Ct. No. 239784 This case considers complex questions of insurance policy coverage interpretation in connection with a federal court-ordered cleanup of the state s Stringfellow Acid Pits waste site. We initially address the continuous injury trigger of coverage as that principle was explained in Montrose Chemical Corp. v. Admiral Ins. Co. 1995 10 645 655 Montrose and the all sums rule adopted in Aerojet-General Corp. v. Transport Indemnity Co. 1997 17 38 55-57 Aerojet and conclude that the principles announced in those cases apply to the insurers indemnity obligations in this case so long as the insurers insured the subject property at some point in time during the loss itself. Because we conclude that the continuous injury trigger and all sums rule apply to the duty to indemnify here we must also determine how best to allocate the indemnity duty among the insurers responsible for covering the property loss. As we explain we conclude that the Court of Appeal below correctly applied the all-sums-with-stacking allocation rule. We therefore affirm the judgment of the Court of Appeal. FACTUAL AND Procedural Background The State of California State seeks indemnity from several of its insurers in connection with a federal court-ordered cleanup of the State s Stringfellow Acid Pits waste The site was an industrial waste disposal facility that the State designed and operated from 1956 to 1972. Each insurer that is party to this appeal issued one or more excess commercial also known as comprehensive general liability CGL insurance policies to the State between 1964 and

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