Opinion
S236765
06-04-2018
LIBERTY SURPLUS INSURANCE CORPORATION v. LEDESMA & MEYER CONSTRUCTION COMPANY, INC.
Opinion filed
Here we consider a question of California insurance law posed by the United States Court of Appeals for the Ninth Circuit: When a third party sues an employer for the negligent hiring, retention, and supervision of an employee who intentionally injured that third party, does the suit allege an “occurrence” under the employer's commercial general liability policy? (Liberty Surplus Ins. Corp. v. Ledesma & Meyer Constr. Co. (9th Cir. 2016) 834 F.3d 998, 1000.) The answer turns on whether the injury can be considered “accidental.” We conclude that it can.
Majority Opinion by Corrigan, J.
-- joined by Cantil-Sakauye, C. J., Chin, Cuéllar, Kruger, and Bigelow*, JJ.
Concurring Opinion by Liu, J.
* Presiding Justice of the Court of Appeal, Second Appellate District, Division Eight, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.