Hartford

Blue Isle of California, Inc. v. Hartford

Good Law
66 F. App'x 704
United States Court of Appeals for the Ninth CircuitMay 27, 2003No. 02-55666; D.C. No. CV-01-02405-CASCalifornia826 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiff-Appellant Blue Isle of California appeals the district court’s grant of summary judgment in favor of Defendant Appellee Hartford Casualty Insurance Company. Because the parties are familiar with the facts, we recite them only as necessary. We affirm.

The district court, relying on New Hampshire Ins. Co. v. Vieira, 930 F.2d 696 (9th Cir.1991), determined that any injury caused by JN’s zippers did not constitute “property damage” as that term is defined by the policy. That conclusion may have been called into question by a decision of our court announced after the district court’s decision here, Anthem Electronics, Inc. v. Pacific Employers Ins. Co., 302 F.3d 1049 (9th Cir.2002). But we need not reach that issue. This court may affirm summary judgment on any ground sup *705 ported by the record. See Keyser v. Sacramento City Unified Sch. Dist., 265 F.3d 741, 750 (9th Cir.2001). We conclude that the claim at issue here was expressly excluded from coverage by other terms of the policy, in particular by the “impaired property” exclusions “m” and “n.”

The versions of exclusions “m” and “n” that apply here are the modified versions which appear in the Special…

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