Fireguard Sprinkler Systems, Inc. v. Scottsdale Insurance Company

Good Law
864 F.2d 648·1988 WL 137271·1988 U.S. App. LEXIS 17537
United States Court of Appeals for the Ninth CircuitDecember 27, 198887-4039California3,131 words

Opinion

Opinion

Leavy, J.

FACTS AND PROCEEDINGS

Wilkins, Kaiser & Olson (WKO) contracted with the appellant, Fireguard Sprinkler Systems, Inc. (Fireguard) to upgrade the fire sprinkling system at the WKO sawmill in Carson, Washington. The project included the construction and installation of a water reservoir tank. Fireguard hired a subcontractor, Blue Line Excavating Company (Blue Line), to prepare the site for a water reservoir tank and to engineer, construct, and install the tank. Blue Line in turn subcontracted part of the engineering work to MC2 Engineering Company (MC2). Blue Line then designed, constructed, and installed the water tank. After the project was completed, Fireguard turned it over to WKO, and WKO put it into operation.

A landslide totally destroyed the tank and other portions of the project.

WKO sued Fireguard, Blue Line, and MC2, alleging that their negligence, carelessness, negligent omissions, breaches of contract and other culpable conduct caused the landslide that damaged the tank and reservoir site. WKO sought to recover over $325,000 for repair and reconstruction.

At the time, Fireguard had a general liability policy with the appellees, Scottsdale Insurance Company…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.