HOYT v. ST. PAUL FIRE AND MARINE INS. CO.

No. 77-2252.

607 F.2d 864 (1979)

Forrest T. HOYT, Plaintiff-Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a Minnesota Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

November 5, 1979.


Attorney(s) appearing for the Case

Robert G. Beshears, O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, Phoenix, Ariz., for plaintiff-appellant.

K. C. Weyl, Burch, Cracchiolo, Levie, Guyer & Weyl, Phoenix, Ariz., for defendant-appellee.

Before MERRILL and TRASK, Circuit Judges, and EAST, District Judge.


MERRILL, Circuit Judge:

Appellant Hoyt appeals the district court's grant of summary judgment and dismissal of his action for declaratory judgment against appellee, his professional liability insurance carrier. Hoyt, a lawyer, sought coverage benefits in regard to a malpractice action pending against him in state court.

On April 27, 1973, appellee issued a one-year "Lawyer's Professional Liability Policy" for Hoyt's firm. Paragraph "G" contained the following...

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