Wal-Mart Stores, Inc. v. Gulf Insurance

Good Law
250 F. App'x 221
United States Court of Appeals for the Ninth CircuitOctober 4, 2007No. 05-35772California343 words

Opinion

Lead Opinion

*222 MEMORANDUM **

Wal-Mart Stores, Ine., appeals the district court’s grant of summary judgment in favor of Gulf Insurance Company, Certain Underwriters, Members and Insurers at Lloyd’s of London, and Employers Insurance Company of Wausau (collectively “Insurers”). The district court held that an exclusionary clause of the insurance policies in question precluded Wal-Mart from collecting insurance proceeds from the Insurers. We affirm.

Under the law of the State of Oregon, which governs here, 1 the provisions that excluded coverage for “making good defective design or specifications, faulty material, or faulty workmanship” unambiguously 2 precluded Wal-Mart from recovering for repairs to the very items (concrete slabs) that were defective due to the claimed defective specifications. See Allstate Ins. Co. v. Smith, 929 F.2d 447, 449-50 (9th Cir.1991); see also Allianz Ins. Co. v. Impero, 654 F.Supp. 16, 17-18 (E.D.Wash.1986).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

. See Freund v. Nycomed Amersham, 347 F.3d 752 , 761 (9th Cir.2003). Wal-Mart has waived any argument that the law of another…

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