New Hampshire Insurance Company v. Albert Vieira

930 F.2d 696 NEW HAMPSHIRE INSURANCE COMPANY, Plaintiff-Counterdefendant-Appellee. v. Albert VIEIRA, and Vieira Drywall and Taping Company, Inc., Defendants-Counterclaimants-Appellants. No. 89-16291. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 15, 1991. Decided April 8, 1991. Stephen J. Kottmeier, Hopkins & Carley, San Jose, Cal., for defendants-counterclaimants-appellants. Kathleen E. Hegen, Boornazian, Jensen & Garthe, Oakland, Cal., for plaintiff-counterdefendant-appellee. Appeal from the United States District Court for the Northern District of California. Before FLETCHER, NORRIS and TROTT, Circuit Judges. TROTT, Circuit Judge: 1 New Hampshire Insurance Company ("New Hampshire") sought reimbursement from Albert Vieira and Vieira Drywall ("Vieira") for $300,000 it paid in settlement of a claim against Vieira. The district court found that the loss sustained--diminution of value--was not "property damage" covered under the applicable insurance contract, and granted summary judgment for New Hampshire. We affirm. 2 * A general contractor hired Vieira to install drywall in the rooms and attics of three low-income housing projects. When the…