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PECAROVICH v. ALLSTATE INS. CO.

No. 00-55400.

309 F.3d 652 (2002)

Richard PECAROVICH, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 31, 2002.

Attorney(s) appearing for the Case

Robert S. Gerstein, Santa Monica, CA, Paul S. Sigelman, Beverly Hills, California, for the plaintiff-appellant.

Peter H. Klee, Seth M. Friedman, Luce, Forward, Hamilton & Scripps, San Diego, CA, for the defendant-appellee.

Before BROWNING, REINHARDT, and TALLMAN, Circuit Judges.

Opinion by Judge BROWNING; Dissent by Judge TALLMAN.

OPINION

BROWNING, Circuit Judge.

Richard Pecarovich's home suffered major damage after an El Nino rainstorm struck Southern California in 1998. He brought suit to collect under his Standard Flood Insurance Policy with Allstate, a private insurer under the National Flood Insurance Program. The district court granted summary judgment for Allstate on the ground that the damage was not caused by a...

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