AMERICAN HOME ASSUR. CO. v. MILLER

No. 82-5820.

717 F.2d 1310 (1983)

AMERICAN HOME ASSURANCE COMPANY, a New York corporation, Plaintiff-Appellee, v. Leslie L. MILLER, and Kathleen Miller, husband and wife; Leslie L. Miller, P.C., a professional corporation, Defendants-Appellants. Leslie L. MILLER, et al., Counterclaimants, v. AMERICAN HOME ASSURANCE COMPANY, Counterdefendants.

United States Court of Appeals, Ninth Circuit.

Decided October 6, 1983.


Attorney(s) appearing for the Case

M. Byron Lewis, Jennings, Strouss & Salmon, Phoenix, Ariz., for plaintiff-appellee.

Amil J. Ajamie, Ajamie, Fay & Webb, Phoenix, Ariz., for defendants-appellants.

Before FAIRCHILD, HUG, and FARRIS, Circuit Judges.


HUG, Circuit Judge:

The issue presented in this case is whether an insurer is obligated under a malpractice policy to represent an insured where, in a collection action, a debtor of the insured claims an offset by reason of the insured's malpractice on a matter unrelated to the debt. The district court held that the insurer is not obligated to represent the insured. We reverse.

I

American Home Assurance brought this declaratory relief action to settle...

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