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Craig Cooper & Olive Indus. v. Travelers Indem. Co. of Ill.

United States District Court for the Northern District of California

November 4, 2002, Filed

No C-01-2400 VRW

Opinion

ORDER

Craig Cooper and Olive Industries, Inc, a corporation owned and operated by Cooper, bring this action against The Travelers Indemnity Company of Illinois for breach of contract and breach of the implied covenant of good faith and fair dealing. The case was tried to the court without a jury on September 9-11 and 13, 2002. The court makes its findings of fact and conclusions of law:

I FINDINGS  [*2] OF FACT

1 The plaintiffs are Craig Cooper ("Cooper"), a California resident, and Olive Industries, Inc, a California corporation wholly owned and operated by Cooper.

2 Defendant is Travelers Indemnity Company of Illinois, an Illinois corporation ("Travelers").

3 In August 1997, Cooper and his wife at the time purchased certain real property in Tahoe City, California, located at 2255 West Lake Boulevard ("the property"), including a restaurant on the premises called the Black Bear Tavern ("the tavern") as well as additional office space.

4 In November 1998, Cooper purchased a policy of property, liability and business interruption insurance ("the policy") from Travelers of a kind commonly referred to as an "all-risks" policy, which was effective from December 2, 1998 to December 2, 1999.

5 The policy issued initially to Craig and Loanne Cooper; it was subsequently amended by endorsement to name "Black Bear Tavern, Mr/Mrs Cooper DBA" as the insured.

6 The source of water for the buildings on the property was a well located on the property.

7 Placer County health authorities issued a permit for the well, and required Cooper to arrange for the well water to be tested for contaminants on a monthly  [*3] basis.

8 On February 5, 1999, a test of the well water revealed high levels of coliform bacteria.

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2002 U.S. Dist. LEXIS 29085 *; 2002 WL 32775680

CRAIG COOPER and OLIVE INDUSTRIES, INC, Plaintiffs, v THE TRAVELERS INDEMNITY COMPANY OF ILLINOIS, Defendant.

Subsequent History: Decision reached on appeal by Cooper v. Travelers Indem. Co., 113 Fed. Appx. 198, 2004 U.S. App. LEXIS 21324 (9th Cir. Cal., Oct. 13, 2004)

CORE TERMS

coverage, contamination, cause of loss, Manhole, insurer, sewer, plaintiffs', losses, tavern, pollution, premises, physical loss, water damage, wastewater, deny coverage, dispersal, leakage