Industrial Park Center LLC v. Great Northern Insurance Company

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

INDUSTRIAL PARK CENTER Nos. 24-4788 LLC, an Arizona limited liability 25-295 company doing business as D.C. No. Mainspring Capital Group, 2:22-cv-01196-

MTL

Plaintiff - Appellant,

ORDER

v. CERTIFYING

QUESTION TO

GREAT NORTHERN INSURANCE THE

COMPANY, a foreign insurer, ARIZONA

SUPREME

Defendant - Appellee. COURT

Filed December 23, 2025

Before: Susan P. Graber, Richard C. Tallman, and Bridget S. Bade, Circuit Judges. SUMMARY *

Certification to Arizona Supreme Court

The panel certified to the Arizona Supreme Court the following question:

Is damage to property a “fortuitous” loss when, based on the insured’s knowledge at the time the insurance policy issued, it was reasonably foreseeable that such damage was almost certain to occur if certain preventative measures were not taken?

ORDER

This appeal asks us to decide an issue of first impression under Arizona law. For the reasons discussed below, we certify the following question to the Arizona Supreme…