United States Ninth Circuit

In an insurance coverage dispute involving two properties which were identified as contaminated by the State of Washington, that were sold in their polluted state rather than remediated, summary judgment for the insurer is affirmed in part and reversed in part where: 1) the district court correctly held that a claim for the diminution in the sale value of the properties due to pollution was not covered under defendant's policy; but 2) insurer failed to establish that it was prejudiced as a matter of law by plaintiff's late notice of a claim, for purposes of summary judgment on a duty to defend claim.

Appellate Information

• Argued 03/06/2007
• Decided 12/03/2007
• Published 12/03/2007

Judges

• BERZON, Circuit Judge:, Before:  DIARMUID F. O'SCANNLAIN, A. WALLACE TASHIMA, and MARSHA S. BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• William F. Cronin, Corr Cronin Michelson Baumgardner & Preece LLP, and Colleen A. Christensen, The Christensen Firm, Seattle, WA, for the appellant.


• For Appellees:
  
• David M. Schoeggl, Mills Meyers Swartling, Seattle, WA, for the appellees.