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HEALY TIBBITTS CONSTR. v. EMPLOYERS' SURPLUS LINES

Docket No. 38897.

72 Cal.App.3d 741 (1977)

140 Cal. Rptr. 375

HEALY TIBBETS CONSTRUCTION COMPANY, Plaintiff, Cross-defendant and Appellant, v. EMPLOYERS' SURPLUS LINES INSURANCE COMPANY, Defendant, Cross-complainant and Appellant; KELLY, KINKEAD & HOAG, Defendant and Appellant.

Court of Appeals of California, First District, Division Two.

August 19, 1977.

Attorney(s) appearing for the Case

COUNSEL

Cooley, Godward, Castro, Huddleson & Tatum and Thomas A.H. Hartwell for Plaintiff, Cross-defendant and Appellant.

Hauerken, St. Clair, Zappettini & Hines, George H. Hauerken and Cyril Viadro for Defendant, Cross-complainant and Appellant.

James E. Martin and Richard G. Logan for Defendant and Appellant.

OPINION

COHN, J.*

This case involves the interpretation of certain language in an insurance policy providing "all risk" coverage for an underwater construction project. The facts essential for the determination of the case may be summarized as follows:

The Carmel Sanitary District of Carmel-By-The-Sea (District) wanted to build an outfall pipe and diffuser system by which the treated sewage accumulated...

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