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SIERRA PACIFIC POWER v. HARTFORD STEAM BOILER INSPECTION & INS. CO.

Nos. 09-16662, 09-16802.

665 F.3d 1166 (2012)

SIERRA PACIFIC POWER COMPANY, Plaintiff-Appellant, v. HARTFORD STEAM BOILER INSPECTION & INSURANCE CO.; Zurich American Insurance Company, Defendants-Appellees. Sierra Pacific Power Company, Plaintiff-Appellee, v. Hartford Steam Boiler Inspection & Insurance Co.; Zurich American Insurance Company, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

January 5, 2012.

Attorney(s) appearing for the Case

William E. Peterson , of Reno, NV, for plaintiff-appellant/cross-appellee, Sierra Pacific Power Co.

David E. Bland , Minneapolis, MN, for defendants-appellees/cross-appellants, Hartford Steam Boiler Inspection & Ins. Co., et al.

Before: RONALD M. GOULD and CONSUELO M. CALLAHAN, Circuit Judges, and EDWARD R. KORMAN, Senior District Judge.

ORDER

On New Year's Day, 1997, the Truckee River in the Sierra Nevada Mountains flooded. The flood destroyed the Farad Dam, which was owned by plaintiff Sierra Pacific Power Co. ("Sierra"), and used in connection with its hydroelectric facility in Farad, California. Insurers Hartford Steam Boiler Inspection & Insurance Co. ("Hartford") and Zurich American Insurance Co. ("Zurich") (together "Insurers") insured Sierra's facilities, including the Farad Dam, with...

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