Aydin Corp. v. First State Insurance

Opinion

BROWN, J.

In this case, we must decide whether, in an action seeking indemnity under a standard commercial general liability insurance policy *1186(formerly called a comprehensive general liability insurance policy), the insured or the insurer bears the burden of proving that a claim comes within the “sudden and accidental” exception to the general pollution exclusion. The Court of Appeal concluded that once the insurer carries its burden of proving that the exclusion applies, the insured bears the burden of proving the exception. We agree with the Court of Appeal’s conclusion and,…