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NORTHERN ASSUR. CO. OF AMERICA v. CARR

No. 87-2086.

860 F.2d 934 (1988)

The NORTHERN ASSURANCE COMPANY OF AMERICA, Plaintiff/Appellee, v. Floyd D. CARR, Steven G. Rhodes, and Mittie Beggs, as Administratrix of the Estate of Linda Carole (Rhodes) Carr, Deceased, Defendants/Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 3, 1988.

Attorney(s) appearing for the Case

Paul A. Welchans, Chain, Younger, Lemucchi, Noreiega, Cohn, Stiles & Rodriguez, Bakersfield, Cal., for defendants-appellants.

James P. Wagoner and Philip M. Flanigan, McCormick, Barstow, Sheppard, Wayte & Carruth, Fresno, Cal., for plaintiff-appellee.

Before BOOCHEVER and NOONAN, Circuit Judges, and STEPHENS, District Judge.

NOONAN, Circuit Judge:1

The Northern Assurance Company of America (Northern), a Massachusetts corporation, brought suit under 28 U.S.C. § 1332(a)(2) against Floyd D. Carr, Steven G. Rhodes, and Mittie Beggs as administratrix of the estate of Linda Carole Carr, seeking a declaration as to the existence of insurance coverage under a policy issued to Floyd D. Carr by Northern. The insured was involved in an automobile accident in which...

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