NEW HAMPSHIRE INS. CO. v. VIEIRA

No. 89-16291.

930 F.2d 696 (1991)

NEW HAMPSHIRE INSURANCE COMPANY, Plaintiff-Counterdefendant-Appellee. v. Albert VIEIRA, and Vieira Drywall and Taping Company, Inc., Defendants-Counterclaimants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 8, 1991.


Attorney(s) appearing for the Case

Stephen J. Kottmeier, Hopkins & Carley, San Jose, Cal., for defendants-counterclaimants-appellants.

Kathleen E. Hegen, Boornazian, Jensen & Garthe, Oakland, Cal., for plaintiff-counterdefendant-appellee.

Before FLETCHER, NORRIS and TROTT, Circuit Judges.


TROTT, Circuit Judge:

New Hampshire Insurance Company ("New Hampshire") sought reimbursement from Albert Vieira and Vieira Drywall ("Vieira") for $300,000 it paid in settlement of a claim against Vieira. The district court found that the loss sustained — diminution of value — was not "property damage" covered under the applicable insurance contract, and granted summary judgment for New Hampshire. We affirm.

I

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