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CORNELL, HOWLAND, HAYES & M., INC. v. CONTINENTAL CAS. CO.

Nos. 26178, 26186.

465 F.2d 22 (1972)

CORNELL, HOWLAND, HAYES & MERRYFIELD, INC., a corporation, Plaintiff-Appellee, v. CONTINENTAL CASUALTY COMPANY, also known as Continental National American Group, and American Motorists Insurance Company, Illinois corporations, Defendants, American Motorists Insurance Company, Appellant. CORNELL, HOWLAND, HAYES & MERRYFIELD, INC., a corporation, Appellant, v. CONTINENTAL CASUALTY COMPANY, also known as Continental National American Group, and American Motorists Insurance Company, Illinois corporations, Appellees.

United States Court of Appeals, Ninth Circuit.

July 3, 1972.

Attorney(s) appearing for the Case

Stewart M. Whipple (argued), of Seitz, Whipple, Bemis & Breathouwer, Portland, Or., for American Motorists Insurance Co.

Paul N. Daigle (argued), Ken E. Roberts, Portland, Or., for Continental Casualty Co.

John Gordon Gearin (argued), David C. Landis, Portland, Or., John B. Fenner, Corvallis, Or., for Cornell, Howland, Hayes & Merryfield, Inc.

Before: HAMLIN, HUFSTEDLER, and GOODWIN, Circuit Judges.

ALFRED T. GOODWIN, Judge:

Cornell, Howland, Hayes & Merryfield, Inc., a firm of consulting engineers known as CH2M, brought declaratory judgment proceedings against two insurance companies to establish that at least one insurer would furnish coverage for claims arising out of alleged negligence in the preparation of plans and specifications for a city sewer project.

The district court held that American Motorists Insurance Company was liable, and that...

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