Essex Walnut Owner L.P. v. Aspen Specialty Ins. Co.

EDWARD M. CHEN, United States District Judge

Plaintiff Essex Walnut Owner L.P. purchased an insurance policy-an Environmental Legal Liability Policy-from Defendant Aspen Specialty Insurance Company. See Jt. Undisp. Fact ¶ 1. The policy covered a certain site in Walnut Creek where Essex intended to demolish existing structures and build a new, mixed-use development. See Jt. Undisp. Fact ¶¶ 4-6. As part of this project, Essex had to do some excavation in the site. During excavation, Essex discovered debris within part of the site (the "Excavated Area")-more specifically, wood, *1148concrete, glass,…