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ALLSTATE INS. CO. v. FIBUS

Nos. 87-6011, 87-6042.

855 F.2d 660 (1988)

ALLSTATE INSURANCE COMPANY, a corporation, Plaintiff-Appellee, v. Charles FIBUS, David Foran and Celeste Foran, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 6, 1988.

As Amended on Denial of Rehearing November 14, 1988.

Attorney(s) appearing for the Case

Gregory R. Vanni and Karl W. Schoth, Thon & Beck, Pasadena, Cal., for defendants-appellants David Foran and Celeste Foran.

Allen Thomas, Smith & Thomas, Long Beach, Cal., for defendant-appellant Charles Fibus.

Abigail S. Kelly and Laura E. Fannon, Kelly, Herlihy & Bane, and William B. Boone, Kornblum & McBride, San Francisco, Cal., for plaintiff-appellee.

Before FARRIS and REINHARDT, Circuit Judges, and CROCKER, District Judge.

FARRIS, Circuit Judge:

Charles Fibus, David Foran, and Celeste Foran appeal from the district court's grant of summary judgment to Allstate Insurance Company. We reverse the summary judgment and remand for factual findings.

BACKGROUND

On November 3, 1985, an automobile driven by Charles Fibus collided with a motorcycle driven by David Foran. Foran was severely injured. At the time of the accident, Fibus...

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