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GOODSTEIN v. CONTINENTAL CAS. CO.

No. 05-35805.

509 F.3d 1042 (2007)

Robert I. GOODSTEIN, as court-appointed receiver for Sternco Industrial Properties Partnership and Sterno Renton Center Partnership, Plaintiff-Appellant, v. CONTINENTAL CASUALTY COMPANY, Defendant, and Industrial Indemnity Company; Industrial Indemnity Co. of the Northwest, also known as Fremont Industrial Indemnity; United States Fire Insurance Company; John Doe, 1-20; Zelman Renton LLC, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 3, 2007.

Attorney(s) appearing for the Case

William F. Cronin, Corr Cronin Michelson Baumgardner & Preece LLP, and Colleen A. Christensen, The Christensen Firm, Seattle, WA, for the appellant.

David M. Schoeggl, Mills Meyers Swartling, Seattle, WA, for the appellees.

Before: DIARMUID F. O'SCANNLAIN, A. WALLACE TASHIMA, and MARSHA S. BERZON, Circuit Judges.

BERZON, Circuit Judge:

At the heart of this insurance coverage dispute lie two properties, identified as contaminated by the State of Washington, that were sold in their polluted state rather than remediated. After the sale, Appellant Robert I. Goodstein, as receiver, tendered a $5.3 million claim to Appellee Industrial Indemnity Co. ("Industrial") under a comprehensive general liability ("CGL") policy, reflecting the difference between "the appraised value of the...

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