United States Ninth Circuit

In an insurer's declaratory judgment action involving coverage for an accident that resulted in the death of defendant's wife, an appeal from summary judgment for insurer, which held that it effectively cancelled its policy insuring the company responsible for her fatal injuries before the accident, is stayed pending resolution of a certified question. The court does the find that the issue of statutory interpretation raised by defendant has not been waived, and that the insurer is not equitably estopped from asserting its contrary theory of statutory interpretation

Appellate Information

• Argued 10/19/2007
• Decided 01/30/2008
• Published 01/30/2008

Judges

• GOULD, Circuit Judge:, Before:  RONALD M. GOULD and RICHARD A. PAEZ, Circuit Judges, and LYLE E. STROM, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Kevin Coluccio, Garth L. Jones, Paul L. Stritmatter, Stritmatter Kessler Whelan Withey Coluccio, Hoquiam, WA, for defendant-appellant Brooks Samples., Irene M. Hecht, Maureen M. Falecki, Keller Rohrback L.L.P., Seattle, WA, for plaintiff-appellee Cornhusker Casualty Insurance Company.