United States Ninth Circuit

In coverage dispute involving a commercial auto insurance policy brought by plaintiff-insurer against defendant, former vice-president, secretary, and director of corporate named insured, summary judgment for defendant is reversed where: 1) the district court erred in reforming the policy to provide coverage to all owners, officers, and directors of the corporate named insured, regardless of whether they were occupying an insured auto; and 2) insurer was entitled to summary judgment because defendant presented no evidence that she was using a friend's truck in place of one of insured's vehicles that was withdrawn from use because of breakdown, repair, servicing, loss, or destruction.

Appellate Information

• Argued 12/06/2007
• Decided 03/26/2008
• Published 03/26/2008

Judges

• Before M. MARGARET McKEOWN and RICHARD R. CLIFTON, Circuit Judges, and WILLIAM W SCHWARZER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert J. Phillips and Amy O. Duerk, Phillips Law Firm P.C., Missoula, MT, for the plaintiff-appellant.


• For Appellees:
  
• Robert G. McCarthy, McCarthy Law Office, P.C., Butte, MT, for the defendant-appellee.