Panel Certifies 2 Questions To California High Court In Flood Coverage Dispute
SAN FRANCISCO – The Ninth Circuit U.S. Court of Appeals on Jan. 5. certified two questions to the California Supreme Court to determine whether a policy’s building ordinance or law exclusion precludes increased costs of replacement of a hydroelectric facility dam due to complying with ordinances affecting the construction and, if so, whether costs for complying with regulatory agency-required environmental impact studies are considered costs excluded by a building ordinance or law exclusion (Sierra Pacific Power Company v. Hartford Steam Boiler Inspection & Insurance Co., et al., Nos. 09-16662 and 09-16802, 9th Cir.; 2012 U.S. App. LEXIS 132).
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