Commercial Union Assurance Companies v. Safeway Stores, Inc.

Opinion

THE COURT.

We granted a hearing herein in order to resolve a conflict between Court of Appeal opinions in this case and the earlier case of Transit Casualty Co. v. Spink Corp. (1979) 94 Cal.App.3d 124 [156 Cal.Rptr. 360]. After an independent study of the issue, we have concluded that the thoughtful opinion of Justice Sabraw (assigned) for the Court of Appeal, First Appellate District, in this case correctly treats the issues, and that we should adopt it as our own opinion. That opinion, with appropriate deletions and additions,* is as follows:

This case presents the question of whether…