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TZUNG v. STATE FARM FIRE AND CAS. CO.

No. 88-5951.

873 F.2d 1338 (1989)

Fu-Kong TZUNG; Jean Tzung, Plaintiffs-Appellants, v. STATE FARM FIRE AND CASUALTY COMPANY, and Does 1 through 100, inclusive, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Memorandum April 4, 1989.

Decided May 9, 1989.

Attorney(s) appearing for the Case

John F. McGuire and Neal H. Rockwood, Thorsnes, Bartolotta, McGuire & Padilla, San Diego, Cal., for plaintiffs-appellants.

Peter Abrahams and Kathy L. Eldredge, Horvitz, Levy & Amerian, Encino, Cal., William D. Hughes, Hughes & Campbell, San Diego, Cal., Jon A. Kodani, Los Angeles, Cal., for defendant-appellee.

Before CANBY, WIGGINS and O'SCANNLAIN, Circuit Judges.

WIGGINS, Circuit Judge:

Appellants Fu-Kong Tzung and Jean Tzung appeal from a summary judgment granted in favor of Appellee State Farm Fire and Casualty Company ("State Farm"). The Tzungs contend that there are material issues of fact regarding their right to receive benefits under an "all risk" insurance policy and therefore the district court erred in ruling that State Farm was entitled to judgment as a matter of law. We believe otherwise, and therefore we affirm...

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