Valenti Aggio v. Estate of Joseph Aggio
Opinion
Opinion
MEMORANDUM
Livio, Valenti, and Dorothy Aggio (the “Aggios”) appeal from the district court’s grant of summary judgment to Sequoia Insurance Company (“Sequoia”) in this cost recovery action brought under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERC-LA”), 42 U.S.C. § 9607 et seq., and the California Hazardous Substance Account Act (“HSAA”), Cal. Health & Safety Code § 25300 et seq. The Aggios seek recovery of response costs and other damages from the now-closed estate of their deceased father, Joseph Aggio, in connection with the cleanup of contamination on inherited real property located in Cotati, California. Under California law, the Aggios are permitted to seek recovery from the closed estate, but only from the estate’s available insurance. Cal. Prob.Code § 554(a). Thus, the Aggios seek recovery under the terms of two nearly identical insurance policies issued to Joseph by appellee Sequoia (the “Sequoia Policies”). We have jurisdiction under 28 U.S.C. § 1291 to review the final decision of the district court. We review de novo, Snead v. Metro. Prop. & Cas. Ins. Co., 237 F.3d 1080, 1087 (9th Cir.2001), and affirm.