Northbrook Property & Casualty Insurance Company v. Cascade Natural Gas Corporation

77 F.3d 489 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. NORTHBROOK PROPERTY & CASUALTY INSURANCE COMPANY, et al., Plaintiffs-Appellants, v. CASCADE NATURAL GAS CORPORATION, et al., Defendants-Appellees. No. 94-36112. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 4, 1995. Decided Feb. 13, 1996. Before: D.W. NELSON and NOONAN, Circuit Judges, WARE, District Judge. 1 MEMORANDUM 2 Appellants appeal the district court's grant of summary judgment in favor of appellees. We have jurisdiction under 28 U.S.C. § 1291 . We reverse and remand. FACTUAL AND PROCEDURAL BACKGROUND On January 20, 1993, an explosion and fire erupted at a two-story building, commonly known as the "Heintz Building", located in Monroe, Washington. On that day, a windstorm knocked down a utility pole in the City of Monroe. The utility pole collapsed onto a metal roof of a dairy, which was across the street from the Heintz building. The electricity from the pole came into…