250 F. App'x 221

WAL-MART STORES, INC., Plaintiff-Appellant, v. GULF INSURANCE COMPANY; Employers Insurance of Wausau, aka Employers Insurance Company of Wausau; Certain Interested Underwriters, Members and Insurers at Lloyd’s London, England Including Syndicate 318, Defendants-Appellees.

No. 05-35772.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 24, 2007.*

Filed Oct. 04, 2007.

Steven O. Rosen, Esq., The Rosen Law Firm, Portland, OR, for Plaintiff-Appellant.

R. Daniel Lindahl, Esq., John A. Bennett, Esq., Bullivant Houser Bailey, PC Pioneer Tower, Portland, OR, for Defendants-Appellees.

Before: FERNANDEZ, SILVERMAN, and GRABER, Circuit Judges.

*222MEMORANDUM**

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” unambiguously2 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).3

AFFIRMED.

Wal-Mart Stores, Inc. v. Gulf Insurance
250 F. App'x 221

Case Details

Name
Wal-Mart Stores, Inc. v. Gulf Insurance
Decision Date
Oct 4, 2007
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250 F. App'x 221

Jurisdiction
United States

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