United States Ninth Circuit

Summary judgment for an insurance company in a coverage dispute is reversed where: 1) the district court erred in finding no genuine issue as to whether there was a covered claim that was not inseparable from allegations of willful conduct; 2) a genuine issue of material fact remained as to the extent that an underlying complaint sought restitution of money wrongfully acquired by the insured; and 3) the district court erred in holding that an exclusion precluded coverage for an officer.

Appellate Information

• Argued 06/09/2006
• Decided 08/14/2006
• Published 08/14/2006

Judges

• GOULD, Circuit Judge., Before KOZINSKI and GOULD, Circuit Judges, and RICARDO S. MARTINEZ, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jonathan H. Steiner, Christopher J. Cole, McCorriston Miller Mukai MacKinnon LLP, Honolulu, HI, for the plaintiffs-appellants.


• For Appellees:
  
• Kim W. West, Tucker Ellis & West LLP, San Francisco, CA, for the defendant-appellee.