Orange Cty. Water Dist. v. Ass'n of Cal. Water Agencies Joint Powers Ins. Auth.

Opinion

WALLIN, J.

In this case we are asked to consider whether a public entity self-insurance pool, formed by several water agencies pursuant to a joint exercise of powers agreement, is “insurance” subject to a commercial insurer’s policy provision that its coverage will not apply until all “other insurance” is exhausted. Because the statutes authorizing creation of public entity self-insurance pools specifically provide such arrangements are not to be considered insurance (Gov. Code, § 990.8, subd. (c)), 1 we conclude the “other insurance” clause is not applicable and affirm the judgment.

In…