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ALLSTATE INS. CO. v. SMITH

No. 89-56183.

929 F.2d 447 (1991)

ALLSTATE INSURANCE COMPANY, Plaintiff-Appellee, v. Dwight H. SMITH, M.D., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 18, 1991.

Rehearing Denied April 9, 1991.

Attorney(s) appearing for the Case

Christopher Ashworth and Jonathan M. Turner, Garfield, Tepper, Ashworth & Epstein, Los Angeles, Cal., for defendant-appellant.

Alan G. Buckner and Howard S. Vallens, Simon, Buckner & Haile, Marina del Rey, Cal., for plaintiff-appellee.

Before FLETCHER, BOOCHEVER and WIGGINS, Circuit Judges.

BOOCHEVER, Circuit Judge:

In this diversity action, Dwight H. Smith, M.D. (Smith) appeals from the district court's declaratory judgment, finding that Allstate Insurance Co. (Allstate) was not required to reimburse Smith pursuant to his "all risk" insurance policy for damage to his business equipment and improvements, and for his loss of earnings. We reverse.

BACKGROUND

Smith rented space in a Los Angeles office building for his medical practice...

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