A. C. Label Co. v. Transamerica Ins. Co

In A. C. Label Co. v. Transamerica Ins. Co. (1996) 48 Cal. App. 4th 1188, the Court stated, "In order to determine whether these allegations stated a cause of action, we must first determine the scope of the coverage which plaintiff was obligated to provide to defendants under this CGL 'occurrence' policy. 'California courts have long recognized that coverage in the context of a liability insurance policy is established at the time the complaining party was actually damaged.' The coverage under such a policy must be construed in accord with 'the mutual intention of the parties at the time the contract is formed.' While ambiguities are generally resolved in favor of coverage, this rule only protects the 'objectively reasonable expectations' of the insured. The nature of a policyholder's 'reasonable expectation of coverage' is a question of law. " (A. C. Label, supra, 48 Cal. App. 4th at p. 1192.) The court further explained, "CGL policies are third party liability insurance policies which obligate insurers to pay money to third parties to whom their insureds are liable. In contrast to first party insurance policies which obligate an insurer to pay money directly to an insured for a loss sustained by the insured as a result of a particular covered peril, CGL policies cover a broader spectrum of risks because coverage depends not on the cause of the loss but on whether the insured is liable for a particular loss. An 'occurrence' policy also covers a different spectrum of claims than a 'claims made' policy. A 'claims made' policy covers claims which are 'asserted' against the insured by a third party during the policy period regardless of when the underlying damage occurred. An 'occurrence' policy, on the other hand, does not restrict the period during which a claim may be made. This type of policy covers losses for which the insured is liable so long as the damage 'occurs' during the policy period. Coverage questions arising under a CGL occurrence policy must be resolved based on the facts in existence at the time that the damage occurred. " (A. C. Label, supra, 48 Cal. App. 4th at p. 1192.) In A. C. Label, the insurance company was not liable for damages because the ground water contamination occurred before the insureds acquired the property in 1984, after the expiration of the policy, which covered the period 1981 to 1982. (A. C. Label, supra, 48 Cal. App. 4th at pp. 1190, 1194.) At the time the damage occurred, the insureds were not and had not been associated with the property or the groundwater contamination. Therefore, they could not be found liable for the damage when it occurred. Because a comprehensive general liability occurrence policy only covers the insureds for liability for damage caused by an occurrence, the fact that the insureds were not liable for the damage when it occurred resulted in the absence of coverage. (Id. at pp. 1191-1192.)