SAFECO INS. CO. OF AMERICA v. ANDREWS

No. 88-6548.

915 F.2d 500 (1990)

SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, Plaintiff-Appellant, v. David O. ANDREWS; Kandace Kuehl; FSR Brokerage, Inc., dba Fred Sands Realtors; Trayce Johnson; David P. Rolapp, dba Rolapp Associates; Jo Rolapp, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 27, 1990.


Attorney(s) appearing for the Case

Raymond H. Goettsch, Perona, Langer, LaTorraca & Beck, Long Beach, Cal., for plaintiff-appellant.

Kate M. Neiswender, argued, H. Melvin Swift, Jr., Lagerlof, Senecal, Drescher & Swift, Los Angeles, Cal., for defendant-appellee David O. Andrews.

Bruce S. Alpert, Anker, Schwartz, Alpert & Hymes, Encino, Cal., for defendant Kandace Kuehl.

Before NELSON, BRUNETTI and KOZINSKI, Circuit Judges.


BRUNETTI, Circuit Judge:

The appellant, Safeco Insurance Company of America ("Safeco"), filed suit against its insured, David Andrews ("Andrews"), in the United States District Court for the Central District of California, seeking declaratory relief from its duty to defend and indemnify Andrews in a state court lawsuit. Jurisdiction is based on diversity of citizenship. Safeco claimed that the lawsuit did not fall within the liability coverage of a homeowner's policy...

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