96 Cal. Daily Op. Serv. 4752, 96 Daily Journal D.A.R. 7676 Seneva Berry, a Sole Partnership, D/B/A Sunny Farms v. Commercial Union Insurance Company, a Corporation

87 F.3d 387 96 Cal. Daily Op. Serv. 4752 , 96 Daily Journal D.A.R. 7676 Seneva BERRY, A sole partnership, d/b/a Sunny Farms, Plaintiff-Appellant, v. COMMERCIAL UNION INSURANCE COMPANY, a Corporation, Defendant-Appellee. No. 95-15380. United States Court of Appeals, Ninth Circuit. Submitted June 14, 1996. * Decided June 27, 1996. Lanny T. Winberry, Sacramento, California, for plaintiff-appellant. Gerard A. Lafond, Jr., Los Angeles, California, for defendant-appellee. Appeal from the United States District Court for the Eastern District of California, Robert E. Coyle, District Judge, Presiding. D.C. No. CV-94-05161-REC(DLB). Before: REINHARDT and HALL, Circuit Judges, and MERHIGE, District Judge. ** CYNTHIA HOLCOMB HALL, Circuit Judge: 1 Seneva Berry appeals the district court's summary judgment in favor of Commercial Union Insurance Company, her insurer, after it refused to cover damage to her portable aluminum irrigation pipes which had chemically disintegrated once she flushed copper hydroxide based fungicides through them. We have jurisdiction pursuant to 28 U.S.C. § 1291 and reverse. I. 2 Seneva Berry owns and operates Sunny Farms, a commercial farming operation outside…