Suburban Water Systems, a Wholly Owned Subsidiary of Southwest Water Company v. National Union Fire Insurance Company of Pittsburgh, Pa.

76 F.3d 388 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. SUBURBAN WATER SYSTEMS, a wholly owned subsidiary of Southwest Water company, Plaintiff-Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Defendant-Appellee. No. 94-55811. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 9, 1996. Decided Jan. 31, 1996. Before: BRIGHT * , SKOPIL, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Suburban Water filed this diversity action against its insurance carrier, National Union, seeking a determination of coverage and indemnification for third-party injuries caused by Suburban's negligent release of a pollutant. National refused to defend or indemnify based on policy pollution exclusions. The district court granted National's motion for summary judgment, rejecting Suburban's claim that a covered, concurrent cause of the discharge was Suburban's negligent hiring and supervising of its employees. We agree with the district court, and we…