United States Ninth Circuit

In a professional liability insurer's action involving its coverage of defendant-law firm in a malpractice suit, summary judgment for insurer on a claim seeking a declaration of no coverage and on a bad faith counterclaim is reversed where: 1) the district court erred in granting summary judgment on insurer's claim that it was allowed under state law to deny coverage based on fraud; 2) summary judgment was also unwarranted on the basis of a policy section because it was not clear that the malpractice claim was reasonably foreseeable; and 3) the district court erred in entering summary judgment on a bad faith counterclaim.

Appellate Information

• Argued 02/13/2008
• Decided 03/18/2008
• Published 03/18/2008

Judges

Court

• United States Ninth Circuit

Counsel