Westoil Terminals Co. v. Harbor Ins. Co

In Westoil Terminals Co. v. Harbor Ins. Co. (1999) 73 Cal.App.4th 634, the shareholders of the original insured traded their shares for partnership interests in a new partnership. All the assets and liabilities of the original insured were transferred to the partnership, although there was no specific mention of insurance. (Westoil, supra, 73 Cal.App.4th at p. 637.) The Westoil court found that, under the facts before it, the transaction was a de facto merger and the insurance coverage was transferred. ( Id. at p. 640.) Westoil found a transfer of insurance rights through a de facto merger. In Westoil, the underlying lawsuit was brought by an entity which had leased a chemical storage facility from the original insured and alleged that the storage facility had polluted adjacent lands. Westoil held that consent to assignment was not required because the loss occurred during the policy periods, and that transfer of the policies took place well after the loss. ( Westoil, supra, 73 Cal.App.4th at p. 641.)