Opinion
Case No. C04-5052 RBL.
February 27, 2006
ORDER
The Court continues to believe that the evidence supports its conclusion that the District owns 100% of the Swift #2 facility and insured 100% of the potential power loss which might occur as a result of an insured event. The fact that the District combines its power generation with Pacific Corp. and that its portion of the combined power output is 26% does not mean that the District has an insurable interest in only 26% of the damaged facility or the power produced by that facility. The District owned 100% of Swift #2, contributed 100% of the power generated from Swift #2 and insured 100% of that power against loss from an insurable event. The District is entitled to reimbursement of that total loss up to applicable sub-limits.
Plaintiffs' motion [Dkt. #223] is DENIED.