PRUDENTIAL INSURANCE COMPANY OF AMERICA, Plaintiff-Appellant, v. the L.A. MART, Defendant-Appellee

T.G. NELSON, Circuit Judge:

Prudential Insurance Company of America (“Prudential”) appeals the district court’s summary judgment for the L.A. Mart (“L.A. Mart”), in Prudential’s diversity action for declaratory relief establishing the parties’ duties to pay the costs of seismic upgrading undertaken by Prudential upon the “Mart Building,” a commercial structure owned by Prudential and leased to L.A. Mart. Prudential maintains that the net lease (“the Lease”) places the duty to rectify dangerous conditions, including seismic weaknesses, upon the tenant. L.A. Mart responds that in the absence of…