Biomass One, L.P., a Delaware Limited Partnership v. Imperial Casualty and Indemnity Company, a Nebraska Corporation

968 F.2d 1220 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. BIOMASS ONE, L.P., a Delaware limited partnership, Plaintiff-Appellant, v. IMPERIAL CASUALTY AND INDEMNITY COMPANY, a Nebraska corporation, Defendant-Appellee. No. 91-35197. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 7, 1992. Decided July 20, 1992. Before GOODWIN, TANG and DAVID R. THOMPSON, Circuit Judges. 1 MEMORANDUM * 2 Imperial Casualty and Indemnity Company ("Imperial") issued a professional liability insurance policy to S-P Construction ("S-P"). The policy contained a $2,000,000 limit of liability. The insurance policy covered S-P's design and construction of a generating facility for Biomass One ("Biomass"). Biomass subsequently sued S-P in Oregon state court for negligence in its work on the project. Pursuant to the provisions of the insurance policy, S-P tendered defense of the state court action to Imperial. Imperial accepted the tender and paid nearly $1.9 million in…