9th Circuit Won’t Rehear Case Over Coverage For Retaining Wall Damage

( November 20, 2025, 1:41 PM EST) -- SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel denied a property owner and construction company’s petition for panel rehearing of the split panel’s holding that the construction company’s insurer does not owe coverage for an underlying suit over damage caused by improperly constructed retaining walls because the policy’s impaired property exclusion bars coverage and the “sudden and accidental injury” exception to the exclusion does not apply....