Ameron Internat. Corp. v. Insurance Co. of State of Pennsylvania

KENNARD, J., Concurring.

I concur in the judgment. In Foster-Gardner, Inc. v. National Union Fire Ins. Co. (1998) 18 Cal.4th 857 [77 Cal.Rptr.2d 107, 959 P.2d 265] (Foster-Gardner), a decision signed by four justices, this court used a “ ‘literal meaning’ approach” in construing the term “suit” in a standard comprehensive general liability (CGL) insurance policy that did not define that term. (Id. at pp. 869-870, 878-880.) Adopting what it termed a “ ‘bright-line rule’ ” (id. at p. 887), the Foster-Gardner majority held that as used in a CGL policy to define the insurer’s duty of defense,…