United States Ninth Circuit

In a case arising from a commercial property insurance policy plaintiff issued to defendant, summary judgment finding that the contract between the parties limited earthquake coverage to $500,000, subject to a deductible, is reversed in part where the district court erred in holding the mutual mistake doctrine inapplicable on the basis of a broker's supposed knowledge of the stated $500,000 sublimit.

Appellate Information

• Argued 07/27/2006
• Decided 06/22/2007
• Published 06/22/2007

Judges

• Before:  J. CLIFFORD WALLACE, KIM McLANE WARDLAW and RAYMOND C. FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• H. Troy Romero and Michael E. Wiggins (argued), Romero Montague P.S., Bellevue, WA, for appellant Wade Cook Financial Corporation.


• For Appellees:
  
• William A. Pelandini (argued), Melissa O'Loughlin White and Thomas J. Braun, Cozen O'Connor, Seattle, WA, for appellee Caliber One Indemnity Company.