Evanston Ins. Co. v. OEA, Inc., 07-15316
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.
- Argued 01/15/2009
- Submitted 01/15/2009
- Decided 05/21/2009
- Published 05/21/2009
HUG, Circuit Judge:, Before: PROCTER HUG, JR., STEPHEN REINHARDT and A. WALLACE TASHIMA, Circuit Judges.
United States Ninth Circuit
Jeffrey Isaac Ehrlich, The Ehrlich Law Firm, Claremont, CA, for the appellant.
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.