Court of Appeals for the Ninth Circuit October 20, 1995, 93-56662 (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.