Filed 6/3/09 Supervalu v. Wexford Underwriting Managers CA2/2 (Editor's note: This decision was originally unpublished, but was granted published status on June 22, 2009. )IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO SUPERVALU, INC. , Plaintiff and Appellant, v. WEXFORD UNDERWRITING MANAGERS, INC. , et al. , Defendants and Respondents. The issue presented is the interpretation of the word "occurrence" in the excess workers' compensation policies provided to appellant Supervalu, Inc. doing business as Albertson's Inc. (Supervalu) by respondents TIG Insurance Company (TIG), Continental Casualty Company (Continental) and Wexford Underwriting Managers, Inc. (Wexford) (collectively respondents). As to Continental and Wexford, Supervalu also alleged causes of action for breach of contract and bad faith. In an evidentiary vacuum, Supervalu states that the policies impose "an important duty on Wexford to transmit notice from [Supervalu] to the excess carrier.

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