National Union Fire Insurance Company of Pittsburgh, Pennsylvania v. Engineering-Science, Inc. Edward B. Thornton and Does 1 Through 5, National Union Fire Insurance Company of Pittsburgh, Pennsylvania v. Engineering-Science, Inc. Edward B. Thornton and Does 1 Through 5

884 F.2d 1208 NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, Plaintiff-Appellant, v. ENGINEERING-SCIENCE, INC.; Edward B. Thornton and Does 1 through 5, Defendants-Appellees. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, Plaintiff-Appellee, v. ENGINEERING-SCIENCE, INC.; Edward B. Thornton and Does 1 through 5, Defendants-Appellants. Nos. 88-1511, 88-2601. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 28, 1989. Decided Sept. 6, 1989. John B. Hook, Long & Levit, San Francisco, Cal., for plaintiff-appellant-cross-appellee. Duane W. Grummer, William A. Bogdan, Lynch, Loofbourrow, Helmenstine, Gilardi & Grummer, San Francisco, Cal., for defendants-appellees-cross-appellants. Appeal from the United States District Court for the Northern District of California. Before WALLACE, POOLE and HALL, Circuit Judges. POOLE, Circuit Judge: 1 In August 1981 the Monterey Regulatory Water Pollution Control Agency (the Agency) contracted with Engineering-Science Inc. (ESI) for the design of an ocean sewer outfall pipeline (the Master Agreement). The pipeline consisted of a concrete pipe covered with "armor rock" which extended…