Citation 50 Cal. 4th 1370. opinion modified: 51 Cal.4th 112a.
Ameron Internat. Corp. v. Ins. Co. etc.
Filed 1/19/11
IN THE SUPREME COURT OF CALIFORNIA
AMERON INTERNATIONAL
CORPORATION,
Plaintiff and Appellant,
S153852
v.
Ct.App.1/5 A109755
INSURANCE COMPANY OF THE
STATE OF PENNSYLVANIA et al.,
San Francisco County
Super. Ct. No. 419929
Defendants and Respondents. )
____________________________________)
AMERON INTERNATIONAL
CORPORATION,
Plaintiff and Appellant,
v.
Ct.App.1/5 A112856
HARBOR INSURANCE
COMPANY,
San Francisco County
Super. Ct. No. 419929
Defendant and Respondent.
____________________________________)
MODIFICATION OF OPINION
THE COURT:
The opinion herein, appearing at 50 Cal.4th 1370, is modified as follows:
The sentence appearing on page 1377 in the first full paragraph that reads,
“The Court of Appeal partially reversed the trial court‟s judgment and awarded
defense and coverage costs for those policies that defined a „suit‟ as a „civil
proceeding,‟ ” is deleted and substituted with the following sentence: “The court of
Appeal partially reversed the trial court‟s judgment with respect to those policies that
defined a „suit‟ as a „civil proceeding.‟ ” The modification does not affect the text of
footnote 6 on page 1377 that follows the above sentence.
This modification does not affect the judgment.
2
Petition for review after the Court of Appeal affirmed in part and reversed in part a judgment on the pleadings in a civil action. This case presents the following issue: Does a proceeding before the United States Department of the Interior Board of Contract Appeals constitute a "suit" such as to trigger insurance coverage under a commercial general liability policy?
Opinion Information
| Date: | Citation: | Docket Number: | Category: | Status: | Cross Referenced Cases: |
| Wed, 01/19/2011 | 50 Cal. 4th 1370. opinion modified: 51 Cal.4th 112a. | S153852M | Review - Civil Appeal | closed; remittitur issued | CLARENDON AMERICA INSURANCE v. STARNET INSURANCE (S186079) |
Parties
| 1 | Ameron International Corporation (Plaintiff and Appellant) Represented by Jordan S. Stanzler Stanzler Law Group 2275 E. Bayshore Road, Suite 100 Palo Alto, CA |
| 2 | Insurance Company of the State of Pennsylvania (Defendant and Respondent) Represented by Rosemary Springer McCurdy & Fuller, LLP 4300 Bohannon Drive, Suite 240 Menlo Park, CA |
| 3 | Century Indemnity Company (Defendant and Respondent) Represented by Michael A. Barnes Sonnenschein Nath et al. 525 Market Street, 26th Floor San Francisco, CA |
| 4 | Great American Surplus Lines Insurance (Defendant and Respondent) Represented by Michael A. Barnes Sonnenschein Nath et al. 525 Market Street, 26th Floor San Francisco, CA |
| 5 | Harbor Insurance Company (Defendant and Respondent) |
| 6 | Insurance Company of North America (Defendant and Respondent) Represented by Agnes Patricia Ursea O'Melveny & Myers, LLP 400 S. Hope Street Los Angeles, CA |
| 7 | Insurance Company of North America (Defendant and Respondent) Represented by Richard B. Goetz O'Melveny & Myers, LLP 400 S. Hope Street Los Angeles, CA |
| 8 | International Insurance Company (Defendant and Respondent) Represented by Nicholas Richard Andrea Charlston Revich & Wollitz, LLP 1925 Century Park East, Suite 1250 Los Angeles, CA |
| 9 | International Insurance Company (Defendant and Respondent) Represented by Ira Revich Charlston Revich & Wollitz, LLP 1925 Century Park East, Suite 1250 Los Angeles, CA |
| 10 | Old Republic Insurance Company (Defendant and Respondent) Represented by Andrew P. Sclar Ericksen Arbuthnot Kilduff Day & Lindstrom, Inc. 100 Bush Street, Suite 900 San Francisco, CA |
| 11 | Pacific Employers Insurance Company (Defendant and Respondent) Represented by Richard B. Goetz O'Melveny & Myers, LLP 400 S. Hope Street Los Angeles, CA |
| 12 | Pacific Employers Insurance Company (Defendant and Respondent) Represented by Agnes Patricia Ursea O'Melveny & Myers, LLP 400 S. Hope Street Los Angeles, CA |
| 13 | Pacific Employers Insurance Company (Defendant and Respondent) Represented by Joseph John DeHope Hinshaw & Culbertson One California Street, 18th Floor San Francisco, CA |
| 14 | Puritan Insurance Company (Defendant and Respondent) Represented by Ira Revich Charlston Revich & Wollitz, LLP 1925 Century Park East, Suite 1250 Los Angeles, CA |
| 15 | St. Paul Surplus Line Insurance Company (Defendant and Respondent) Represented by Robert J. Romero Hinshaw & Culbertson, LLP One California Street, 18th Floor San Francisco, CA |
| 16 | St. Paul Surplus Line Insurance Company (Defendant and Respondent) Represented by Sonia Sheber Waisman McCloskey, Waring & Waisman LLP 1960 E. Grand Avenue, Suite 580 El Segundo, CA |
| 17 | St. Paul Travelers Company (Interested Entity/Party) |
| 18 | Transcontinental Insurance Company (Defendant and Respondent) |
| 19 | Twin City Fire Insurance (Defendant and Respondent) Represented by David Ransen Singer Hogan & Hartson, LLP 1999 Avenue of the Stars, 14th Floor Los Angeles, CA |
| 20 | California Cast Metals Association (Amicus curiae) Represented by Richard C. Giller Weston Benshoof et al., LLP 333 S. Hope Street, 16th Floor Los Angeles, CA |
| 21 | Complex Insurance Claims Litigation Association (Amicus curiae) Represented by John Joseph Moura Sinnott Dito Moura & Puebla 707 Wilshire Boulevard, Suite 3200 Los Angeles, CA |
| 22 | Complex Insurance Claims Litigation Association (Amicus curiae) Represented by Randolph P. Sinnott Sinnott Puebla Campagne & Curet APLC 707 Wilshire Blvd. Suite #3200 Los Angeles, CA |
| 23 | Lloyd's (Amicus curiae) Represented by Patrick Tan Wong Foley & Lardner, LLP 1 Maritime Plaza, 6th Floor San Francisco, CA |
| 24 | Lloyd's (Amicus curiae) Represented by Eileen R. Ridley Foley & Lardner, LLP 1 Maritime Plaza, 6th Floor San Francisco, CA |
| 25 | Reinsurance Association of America (Amicus curiae) Represented by Eileen R. Ridley Foley & Lardner, LLP 1 Maritime Plaza, 6th Floor San Francisco, CA |
| Disposition | |
| Nov 18 2010 | Opinion: Reversed |
| Dockets | |
| Jun 25 2007 | Petition for review filed Ameron International Corp., plaintiff and appellant Jordan Stanzler, counsel c/a recs req |
| Jul 3 2007 | Record requested |
| Jul 11 2007 | Received Court of Appeal record A112856-file jacket/briefs/appendices |
| Jul 12 2007 | Received Court of Appeal record A109755-file jacket/briefs/sealed envelope/numerous loose papers |
| Jul 17 2007 | Answer to petition for review filed Joint Answer of Insurance Company of North America, Pacific Employers Insurance Company, St. Paul Surplus Lines Insurance Company, Insurance Company of the State of Pennsylvania, Great American Surplus Lines Insurance Company, Harbor Insurance company and Transcontinental Insurance Company, defendants and respondents by Joseph J. De Hope, Jr., Hinshaw & Culbertson, LLP, retained. |
| Jul 25 2007 | Reply to answer to petition filed Ameron International Corporation, appellant by Jordan S. Stanzler, Stanzler Funderburk & Castellon LLP |
| Aug 15 2007 | Petition for review granted (civil case) Corrigan, J., was recused and did not participate. Votes: George, C.J., Kennard, Werdegar, Chin and Moreno. |
| Aug 24 2007 | Certification of interested entities or persons filed Ameron International, appellant Jordan Stanzler, counsel |
| Aug 29 2007 | Certification of interested entities or persons filed Insurance Company of the State of Pennsylvania, defendant and respondent |
| Aug 29 2007 | Certification of interested entities or persons filed Puritan Insurance Company; International Insurance Company, respondents by Ira Revich and Nicholas r. Andrea, retained. |
| Aug 30 2007 | Certification of interested entities or persons filed Michael Barnes, Sonnenschein Nath & Rosenthal LLP, counsel for Respondent Great American Surplus Lines, Inc. |
| Sep 6 2007 | Certification of interested entities or persons filed Respondent Twin City Fire Insurance Company |
| Sep 21 2007 | Request for extension of time filed to and including November 23, 2007 to file the Opening Brief on the Merits |
| Sep 27 2007 | Extension of time granted On application of appellant and good cause appeairng, it is ordered that the time to serve and file the Appellant's Opening Brief on the Merits is extended to and including November 23, 2007. |
| Nov 21 2007 | Opening brief on the merits filed Ameron International Corporation, appellant by Jordan S. Stanzler, Stanzler Funderburk & Castellon, LLP, retained. |
| Dec 4 2007 | Request for extension of time filed to file respondent's answer brief/merits to 02-29-08 Insurance Company of North America and Pacific Employers Ins. Co., |
| Dec 4 2007 | Association of attorneys filed for: The Law Firm of Hinshaw & Culbertson LLP and Joseph DeHope esq., [ for respondents] associates the Law Firm of O'Melveny & Myers LLP for respondents Insurance Company of North America and Pacific Employers Insurance Company. |
| Dec 7 2007 | Extension of time granted On application of respondents and good cause appearing, it is ordered that the time to serve and file the respondents' brief on the merits is extended to and including February 29, 2008. |
| Feb 8 2008 | Change of contact information filed for: by Ira Revich, Charlston Revich & Wollitz LLP, counsel for respondents' (International Insurance Company and Puritan Insurance Company): change of firm name and e-mail address is now @crwllp.com. |
| Feb 28 2008 | Certification of interested entities or persons filed Insurance Company of North America, respondent by Joseph J. De Hope, Jr., Hinshaw & Culbertson, counsel. |
| Feb 29 2008 | Request for judicial notice filed (granted case) Pacific Employers Insurance Company and Insurance Company of North America, respondents by Richard B. Goetz and A. Patricia Klemic, Counsel |
| Feb 29 2008 | Answer brief on the merits filed "Joinder to Answer Brief on the Merits" Pacific Employers Insurance Company & Insurance Company of North America, respondents joined with the Insurance Company of the State of Pennsylvania,respondents by Richard B. Goetz & A. Patricia Klemic, Counsel |
| Feb 29 2008 | Certification of interested entities or persons filed respondents Harbor Insurance Company and Transcontinental Insurance Company by Thomas M. Downey, counsel. |
| Feb 29 2008 | Answer brief on the merits filed Respondent Old Republic Insurance Company by Andrew P. Sclar, Ericksen Arbuthnot et al., counsel |
| Feb 29 2008 | Filed: Puritian Insurance Company's notice of Joinder and Joinder in Answer Brief of Old Republic Insurance Company on The Merits. by Ira Revich, counsel |
| Mar 5 2008 | Received: amended POS of Joint/ Answer Brief of Insurance Co. of the State of Pennsylvania |
| Mar 5 2008 | Filed: Puritan Insurance Company's Notice of Joinder and Joinder in Answer Brief of Old Republic Insurance Company on the Merits. by Ira Revich and Penelope S. Park, Charlston Revich & Wollitz LLP, counsel. |
| Mar 6 2008 | Received: Second amended POS of Joint/Answer Brief of Insurance Co. of the State of Pennsylvania proper superior court in SF service. |
| Mar 19 2008 | Change of contact information filed for: Stanzler Funderburk & Castellon LLP, counsel for appellant (Ameron International Corporation) |
| Mar 19 2008 | Request for extension of time filed to and including Mary 16, 2008 to file appellant's reply brief on the merits by Jordan S. Stanzkler, counsel |
| Mar 20 2008 | Extension of time granted On application of appellant and good cause appearing, it is ordered that the time to serve and file the reply brief on the merits is extended to and including May 16, 2008. |
| Mar 25 2008 | Received Court of Appeal record in consolidated cases: A112856/ A109755) -- three boxes. |
| May 16 2008 | Reply brief filed (case fully briefed) Ameron International Corporation, appellant by Jordan S. Stanzler of Stanzler Funderburk & Castellon LLP, counsel |
| May 16 2008 | Change of contact information filed for: Jordan S. Stanzler, Stanzler Funderburk & Castellon, LLP, counsel for appellant |
| May 28 2008 | Received application to file Amicus Curiae Brief Complex Insurance Claims Litigation Association in support of insurers Attorney John J. Moura // Application and Brief under same cover. |
| Jun 10 2008 | Permission to file amicus curiae brief granted The application of Complex Insurance Claims Litigation Association for permission to file an amicus curiae brief in support of respondents is hereby granted. An answer thereto may be served and filed by any party within twenty days of the filing of the brief. |
| Jun 10 2008 | Amicus curiae brief filed Complex Insurance Claims Litigation Association in support of respondents by John J. Moura, Sinnott Dito Moura & Puebla, P.C., counsel |
| Jun 13 2008 | Received application to file Amicus Curiae Brief The California Cast Metals Association in support of appellants Ameron Int'l Corp. Application and Brief under the same cover. |
| Jun 13 2008 | Received application to file Amicus Curiae Brief and amicus brief of The California Cast Metals Association in suppport appellant by Richard Giller, Weston Benshoof et al., counsel |
| Jun 16 2008 | Received application to file Amicus Curiae Brief Amici Curiae Lloyd's and the Reinsurance Association of America in support of respondents Eileen R. Ridley and Patrick T. Wong, Foley & Lardner, LLP, counsel |
| Jun 16 2008 | Received: from The California Cast Metals Assoc. notice of errata of amicus curiae brief and corrected brief. to replace a.c. brief filed on 06-16-08. |
| Jun 18 2008 | Response to amicus curiae brief filed Appellant Ameron International Corporation's response to Amicus Brief of Complex Insurance Claims Litigation Association by Jordan S. Stanzler, Stanzler Funderburk & Castellon LLP |
| Jun 23 2008 | Permission to file amicus curiae brief granted The application of Lloyd's and the Reinsurance Association of America for permission to file an amicus curiae brief in support of respondents is hereby granted. An answer thereto may be served and filed by any party within twenty days of the filing of the brief. |
| Jun 23 2008 | Amicus curiae brief filed Lloyd's and the Reinsurance Association of America in support of respondents by Eileen R. Ridley and Patrick T. Wong, Foley & Lardner LLP, counsel |
| Jun 23 2008 | Permission to file amicus curiae brief granted The applicaton of The California Cast Metals Association for permission to file an amicus curiae brief in support of appellant is hereby granted. An answer thereto may be served and filed by any party within twenty days of the filing of the brief. |
| Jun 23 2008 | Amicus curiae brief filed The California Cast Metals Association in support of appellant by Richard Giller, Weston Benshoof Rochefort Rubalcava & MacCuish LLP, counsel |
| Jul 11 2008 | Response to amicus curiae brief filed Appellant Ameron International Corporation to the Amicus Brief of Lloyd's and The Reinsurance Association of America Jordan S.Stanzler, Stanzler funderburk & Castellon LLP, counsel |
| Jul 11 2008 | Response to amicus curiae brief filed Insurance Company of North America; Pacific Employers Ins. Company, et al., [respondents] to a.c. brief of The California Cast Metals Association [JOINT RESPONSE by all respondents] |
| Sep 26 2008 | Change of contact information filed for: Ericksen, Arbuthnot Kilduff et al., counsel for respondents Old Republic Insurance Company by Andrew P. Sclar, counsel (Effective as of 9-15-2008) |
| Mar 18 2010 | Justice pro tempore assignment discontinued Hon. Laurence D. Rubin, CA 2/8 Corrigan, J., recused. Justice Peter J. Siggins, 1/3 appointed pro tem on August 27, 2010. |
| May 3 2010 | Received: Change of firm name to Sinnott, Puebla, Campagne & Curet, APLC, Attorneys for Amicus Curiae Complex Insurance Claims Litigation Association Randolph P. Sinnott, lead counsel |
| May 5 2010 | Case ordered on calendar to be argued Wednesday, May 26, 2010, at 1:30 p.m., in San Francisco |
| May 10 2010 | Request for judicial notice denied Respondent's request for judicial notice, filed on February 29, 2008, is denied. |
| May 12 2010 | Stipulation filed Stipulation by counsel Jordan Stanzler, that appellant has no objection to Justice Kennard's participation in the deliberations and decision in this matter notwithstanding her absence from oral argument [on May 26, 2010]. |
| May 14 2010 | Argument rescheduled to be called and continued to the September 2010 calendar |
| May 26 2010 | Cause called and continued |
| Jun 3 2010 | Notice of substitution of counsel St. Paul Surplus Lines Insurance Company, Amicus Curiae subsitute Sonia Waisman of the law firm Riedl, McCloskey & Waring LLP in place of Joseph DeHope of the law firm Hinshaw & Culbertson, LLP |
| Aug 2 2010 | Case ordered on calendar To be argued Tuesday, September 7, 2010, at 1:00 p.m. in San Francisco. |
| Aug 5 2010 | Change of contact information filed for: Jordan Stanzler, counsel for appellant Ameron International Corporation. |
| Aug 10 2010 | Note: Mail returned and re-sent 1st amended calendar of the Supreme Court sent to Rosemary Springer, counsel for respondent |
| Aug 27 2010 | Justice pro tempore assigned Hon. Peter J. Siggins, 1/3 Corrigan, J., recused. |
| Aug 27 2010 | Supplemental brief filed Plaintiff and Appellant: Ameron International CorporationAttorney: Jordan S. Stanzler Appellant's List of Additional Authorities |
| Sep 7 2010 | Cause argued and submitted |
| Nov 17 2010 | Notice of forthcoming opinion posted To be filed on Thursday, November 18, 2010 @ 10 a.m. |
| Nov 18 2010 | Opinion filed: Judgment reversed For the foregoing reasons, we reverse the Court of Appeal judgment, and remand the matter for proceedings consistent with this decision. Majority Opinion by: Chin, J. -----joined by George, C.J., Baxter, Werdegar, Moreno, JJ., and Siggins, J.P.T.* Concurring Opinion by Kennard, J. *Associate Justice of the Court of Appeal, First Appellate District, Division Three, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. |
| Dec 3 2010 | Request for modification of opinion filed Submitted by Richard Goetz and A. Patricia Ursea, counsel for respondents, Insurance Company of North America and Pacific Employers Insurance Company. |
| Dec 6 2010 | Application filed for leave to file petition in support of respondent's petition for modification of opinion, submitted by Blaise Curet, counsel for Zurich American Insurance Company. |
| Dec 7 2010 | Time extended to consider modification or rehearing The finality of the opinion in the above-entitled case is hereby extended to and including January 19, 2011. |
| Dec 10 2010 | Order filed The application of Zurich American Insurance Company for permission to file a petition in support of respondent's petition for modification of opinion is hereby granted. |
| Dec 10 2010 | Filed: Petition in support of Respondent's Request For Modification, filed by AC Zurich American Insurance Company et al. |
| Dec 8 2010 | Request for judicial notice filed (Grant or AA case) Information only: Zurich American Insurance CompanyAttorney: Blaise S. Curet |
| Dec 15 2010 | Filed: Appellant Ameron International Corporation's Response to Petitions For Modification of Opinion, submitted by Jordan S. Stanzler, counsel. |
| Jan 11 2011 | Change of contact information filed for: Sonia S. Waisman, counsel for St. Paul Surplus Line Insurance Company, respondent. (firm name and e-mail address only) |
| Jan 19 2011 | Request for modification granted The request for judicial notice, filed on December 8, 2010 is denied. Corrigan, J., was recused and did not participate. |
| Jan 19 2011 | Remittitur issued record to be returned to DCA |
| Jan 20 2011 | Returned record to 1DCA5 - 11 doghouses consisting of 3 manila folders, 7, 9, opening brief, reply brief on the merits, request for judicial notice (5 briefs), amicus curiae (3 briefs), corrected amicus curiae, notice of errata of amicus curiae, petition for modification, petition in support of petition for modification, response to petition for modification, misc. documents, 4, appendix in support of reply brief, opening brief, supplemental brief, errata to opening brief, 8, answer brief on the merits (4 briefs), reply to amicus curiae brief (2 briefs), answer to amicus curiae, objection to petition for rehearing, 5 (5 briefs), 3 (10 briefs), supplemental submission, supplemental brief, appendix in support of brief, appendix in support of opening brief volumes 1 & 2, red confidential folder and C (volumes 1-24). |
| Jan 24 2011 | Received: Receipt for remittitur |
| Briefs | |
| Nov 21 2007 | Opening brief on the merits filed |
| Feb 29 2008 | Answer brief on the merits filed |
| Feb 29 2008 | Answer brief on the merits filed |
| May 16 2008 | Reply brief filed (case fully briefed) |
| Jun 10 2008 | Amicus curiae brief filed |
| Jun 18 2008 | Response to amicus curiae brief filed |
| Jun 23 2008 | Amicus curiae brief filed |
| Jun 23 2008 | Amicus curiae brief filed |
| Jul 11 2008 | Response to amicus curiae brief filed |
| Jul 11 2008 | Response to amicus curiae brief filed |
