United States Ninth Circuit

In an action by Plaintiff-Insurers seeking a declaration that Plaintiffs had no duty to defend Defendant in an action by Defendant's employees, summary judgment for Plaintiffs is affirmed where: 1) the employees' claims were made prior to the policy period; and 2) the amount of damages was certain enough to allow for prejudgment interest.

Appellate Information

• Argued 01/15/2009
• Decided 05/21/2009
• Published 05/21/2009

Judges

• HUG, Circuit Judge:, Before: PROCTER HUG, JR., STEPHEN REINHARDT and A. WALLACE TASHIMA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jeffrey Isaac Ehrlich, The Ehrlich Law Firm, Claremont, CA, for the appellant.


• For Appellees:
  
• David Tartaglio, Musick Peeler and Garrett, LLP, Los Angeles, CA, for appellee Arrowood Indemnity Company, successor-in-interest to Royal Insurance Company of America., Dirk M. Schenkkan and Sean M. SeLegue, Howard Rice Nemerovski Canady Falk & Rabkin, San Francisco, CA, for appellee Evanston Insurance Company.