Sentry Insurance a Mutual Co. v. U.S. Reports, Inc.

MEMORANDUM ***

Sentry Insurance appeals the district court’s grant of summary judgment in favor of U.S. Reports, dismissal of the remaining claim, and entry of costs. We have jurisdiction pursuant to 28 U.S.C. § 1291 , review the grant of summary judgment de novo, Whitman v. Mineta, 541 F.3d 929, 931 (9th Cir.2008), and affirm.

Sentry argues that it presented sufficient evidence of a chain of causation to survive summary judgment. To prove its negligence, breach of contract and fraud claims, Sentry must establish that the inadequate inspection or misrepresentation is the cause-in-fact, a “substantial factor in bringing about” Sentry’s insurance loss, and that no rule of law relieves U.S. Reports of liability. Hall v. Time Inc., 158 Cal.App.4th 847 , 70 Cal.Rptr.3d 466 , 472 n. 2 (2008); U.S. Ecology, Inc. v. State, 129 Cal.App.4th 887 , 28 Cal.Rptr.3d 894, 910 (2005). We agree with the district court that Sentry’s chain of causation relies on too many speculative links to establish causation. See, e.g. Rinehart ex rel. Combs v. Boys & Girls Club of Chula Vista, 133 Cal.App.4th 419 , 34 Cal.Rptr.3d 677, 687-89 (2005); U.S. Ecology, Inc., 28 Cal.Rptr.3d at 910-11 . The district…