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NAT. UNION FIRE INS. v. ENGINEERING-SCIENCE, INC.

No. C-85-20716-SW.

673 F.Supp. 380 (1987)

NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PA., et al., Plaintiffs, v. ENGINEERING-SCIENCE, INC., et al., Defendants.

United States District Court, N.D. California, San Jose Division.

November 17, 1987.

Attorney(s) appearing for the Case

John B. Hook, Long & Levit, San Francisco, Cal., for plaintiffs.

Duane Grummer, Lynch, Loofbourrow, Helmenstine, Gilardi & Grummer, San Francisco, Cal., for defendants.

OPINION

SPENCER WILLIAMS, District Judge.

This action presents the question of whether an insurance carrier, as a matter of law, is barred from bringing a subrogation action against one of its policyholders, whom it has insured for the very liability for which the insurer seeks recovery in its complaint.

Facts

This case arises from storm damage to an ocean sewer pipeline owned by the Monterey Regional Water Pollution Control Agency...

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