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NATIONAL UNION FIRE INS. CO. v. ENGINEERING-SCIENCE, INC.

Nos. 88-1511, 88-2601.

884 F.2d 1208 (1989)

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, Plaintiff-Appellant, v. ENGINEERING-SCIENCE, INC.; Edward B. Thornton and Does 1 through 5, Defendants-Appellees. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, Plaintiff-Appellee, v. ENGINEERING-SCIENCE, INC.; Edward B. Thornton and Does 1 through 5, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 6, 1989.

Attorney(s) appearing for the Case

John B. Hook, Long & Levit, San Francisco, Cal., for plaintiff-appellant-cross-appellee.

Duane W. Grummer, William A. Bogdan, Lynch, Loofbourrow, Helmenstine, Gilardi & Grummer, San Francisco, Cal., for defendants-appellees-cross-appellants.

Before WALLACE, POOLE and HALL, Circuit Judges.

POOLE, Circuit Judge:

In August 1981 the Monterey Regulatory Water Pollution Control Agency (the Agency) contracted with Engineering-Science Inc. (ESI) for the design of an ocean sewer outfall pipeline (the Master Agreement). The pipeline consisted of a concrete pipe covered with "armor rock" which extended from the shore of Monterey Bay into the Pacific Ocean. ESI was insured against liability for professional negligence through an errors and omissions policy with...

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