Factory Mutual Insurance v. Estate of Campbell

*919 MEMORANDUM *

The Estate of James Campbell (“the Estate”) appeals the district court’s order granting Factory Mutual Insurance Company’s (“Factory Mutual”) motion for summary judgment. We have jurisdiction under 28 U.S.C. § 1291 . Reviewing de novo, see Oliver v. Keller, 289 F.3d 623, 626 (9th Cir.2002), we affirm.

It is undisputed that the Estate owned a commercial property in Southern California, the Market on the Lake (“the Market”). It is also undisputed that the Estate was aware in the mid-1980s that water leaks could be expected throughout the complex because of construction defects. There is no dispute that the Market suffered yearly bouts of water damage attributable to rain water leaking into the complex from the time the Estate purchased the property until Factory Mutual’s policy covering the Market went into effect in 1995. It is also undisputed that rain water damage continued to arise episodically during the period Factory Mutual’s policy was in effect.

Considering the facts in the light most favorable to the Estate, hazardous mold began growing in the Market following heavy rains during the winter of 1997/1998. Hazardous mold in buildings is caused by water…