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CHUBB CUSTOM INS. CO. v. SPACE SYSTEMS/LORAL, INC.

No. 11-16272.

710 F.3d 946 (2013)

CHUBB CUSTOM INSURANCE COMPANY, for itself and as subrogee of, and in the name of Taube-Koret Campus for Jewish Life, Plaintiff-Appellant, v. SPACE SYSTEMS/LORAL, INC., a Delaware Corporation Successor Ford Aerospace and Communications Corp.; Ford Motor Company; Sun Microsystems, Inc., a Delaware Corporation; Chevron Corporation; Harman Stevenson Inc., a California corporation doing business as KFC, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 15, 2013.

Attorney(s) appearing for the Case

Kirk C. Chamberlin (argued), Chamberlin Keaster & Brockman LLP, Encino, CA, for Plaintiff-Appellant.

Kevin T. Haroff (argued), Daniel K. Kolta , Marten Law, San Francisco, CA, for Defendant-Appellee Ford Motor Company.

Brent E. Rychener , Holme Roberts & Owen LLP, San Francisco, CA, for Defendant-Appellee Sun Microsystems, Inc.

Robert C. Goodman (argued), D. Kevin Shipp , Rogers Joseph O'Donnell, P.C., San Francisco, CA, for Defendant-Appellee Chevron Corporation.

Scott L. Davis (argued), Gardere Wynne Sewell LLP, Dallas, TX, for Amicus Curiae Chartis Specialty Insurance Company; John G. Nevius (argued) and Alexander Hardiman, Anderson Kill & Olick, P.C., New York, NY, for Amicus Curiae United Policyholders.

Opinion by Judge MILAN D. SMITH, JR.; Dissent by Judge GOULD.

OPINION

M. SMITH, Circuit Judge:

Plaintiff-Appellant Chubb Custom Insurance Company (Chubb) filed a subrogation suit against Defendants-Appellees1 for recovery of insurance payments made to its insured, Taube-Koret Campus for Jewish Life (Taube-Koret), for environmental response costs Taube-Koret incurred in cleaning up pollutants released on its property. In the operative Third Amended Complaint (TAC), Chubb asserted subrogated...

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