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LLR: Insurance & Reinsurance

BERRY D/B/A SUNNY FARMS V COMMERCIAL UNION INSURANCE COMPANY No CV-F 94-5161 REC/DLB

(1995) 4 Re LR 324

United States District Court ED California

Before Chief Judge Coyle

Insurance - Agricultural policy - Exclusion - “Deterioration” - Damage to irrigation pipes caused by copper-based pesticides - Whether damage fell within policy exclusion for “deterioration” - Whether insured’s claim barred by insurance policy’s time limitation - Whether “proximate efficient” cause of damage was fungicide manufacturer’s failure to provide warning.

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