Sears Savings Bank v. Insurance Company of North America

45 F.3d 437 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. SEARS SAVINGS BANK, Plaintiff-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee. No. 93-55799. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 1, 1994. Decided Dec. 23, 1994. Before: WIGGINS, KOZINSKI and THOMPSON, Circuit Judges. 1 MEMORANDUM * 2 Sears Savings Bank (Sears) appeals the district court's grant of summary judgment in favor of Insurance Company of North America (INA). We have jurisdiction under 28 U.S.C. Sec. 1291 . Because express policy exclusions eliminate INA's potential for liability, and there is no triable issue of any material fact, we affirm. 3 The INA policy has an "owned property" exclusion, so Sears cannot recover for damage to its own property. The policy also has a "completed operations" exclusion which precludes coverage for damage to persons or property occurring on a portion of the project that has been put to its intended use. 4 Sears…