Aydin v. First State: The California Supreme Court Holds that the Insured Bears the Burden of Proving that a Claim Comes within the “Sudden and Accidental” Exception to the Pollution Exclusion in CGL Policies
This memorandum examines a California Supreme Court case that adds California to the growing list of jurisdictions holding that at indemnity trial an insurer does not have to prove long term or intentional discharge of pollutants to prove the applicability of the “sudden and accidental” pollution exclusion.