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MEAD REINSURANCE v. GRANITE STATE INS. CO.

No. 87-1804.

873 F.2d 1185 (1988)

MEAD REINSURANCE, Plaintiff-Appellee, v. GRANITE STATE INSURANCE COMPANY, Third-party-defendant-Appellant, and City of Richmond, Defendant-third-party-plaintiff-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 23, 1988.

As Amended January 30, 1989.

As Amended on Denial of Rehearing April 27, 1989.

Attorney(s) appearing for the Case

James C. Martin, Crosby, Heafey, Roach & May, Oakland, Cal., for third-party-defendant-appellant.

Louis H. Castoria, Wilson, Elser, Moskowitz, Edelman & Dicker, San Francisco, Cal., for plaintiff-appellee.

Wilbur J. Russ, Russ & Ripley, San Francisco, Cal., for defendant-third-party-plaintiff-appellee.

Before FERGUSON and LEAVY, Circuit Judges, and McDONALD, District Judge.

McDONALD, District Judge:

Granite State Insurance Company (Granite) appeals the District Court's granting of the City of Richmond's (City) motion for summary judgment.

Granite contends that the District Court erred in holding that: (1) the underlying actions brought under 42 U.S.C. § 1983 constituted "two occurrences," and (2) Mead Reinsurance's (Mead) "ultimate net loss," pursuant to its insurance policy, included attorney fees and costs incurred in...

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