Opinion
Argued and Submitted Oct. 9, 2003.
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Appeal from the United States District Court for the Eastern District of Washington, Edward F. Shea, District Judge, Presiding.
Arthur W. Harrigan, Esq., Katherine Kennedy, Esq., Timothy G. Leyh, Esq., Danielson, Harrigan & Tollefson, Seattle, WA, Raymond L. Paolella, Esq., Yakima City Attorney, Yakima, WA, Paul J. Lawrence, Esq., Preston Gates & Ellis LLP, Seattle, WA, for Plaintiff-Appellant.
Thomas Martin Jones, Michael D. Handler, Esq., Cozen & O'connor, Russell Charles Love, Esq., Thorsrud Cane & Paulich, Seattle, WA, Bradley Edward Smith, Esq., Huppin Ewing Anderson & Paul, Spokane, WA, for Defendant-Appellee.
Before D.W. NELSON, KOZINSKI, and McKEOWN, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
The pollution exclusion provisions of the insurance policies exclude coverage for the damage claims for which the City of Yakima seeks indemnification and defense costs. See City of Bremerton v. Harbor Ins. Co., 92 Wash.App. 17, 963 P.2d 194, 197 (1998). We adopt the careful and considered reasoning of the district court and
AFFIRM.