Charmac, Inc. v. Aetna Casualty & Surety Co.

Opinion

FROEHLICH, J.

This appeal requires interpretation of Insurance Code1 section 11580.9, subdivision (c), which generally provides that when a loss arises in connection with the loading or unloading of a vehicle, and there are two or more policies of insurance “applicable to the same loss,” the insurance policy which covers the premises is presumed to be the primary policy, and the vehicle insurance policy is relegated to the role of excess insurer. The sole issue here is whether the trial court correctly construed section 11580.9, subdivision (c) as extending the coverage afforded by the…