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FEDERAL INS. CO. v. SCARSELLA BROS., INC.

No. 88-4378.

931 F.2d 599 (1991)

FEDERAL INSURANCE COMPANY, a New Jersey corporation, Plaintiff-Appellant, v. SCARSELLA BROTHERS, INC., a Washington corporation; David Rose; Jane Doe Rose, husband and wife and the marital community composed thereof; Stanley Alan Peters; Diana Peters, husband and wife composed thereof; John F. Kovarik, guardian ad litem for Amber Lynn Peters, a minor; Washington Insurance Guaranty Association, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 29, 1991.

As Amended May 9, 1991.

Attorney(s) appearing for the Case

Craig H. Bennion, Cozen and O'Connor, Seattle, Wash., for plaintiff-appellant.

Jerry W. Spoonemore and Stuart P. Kastner, Montgomery, Purdue, Blankinship & Austin, Seattle, Wash., for defendant-appellee (Scarsella).

Martin T. Collier, Betts, Patterson & Mines, P.S., Seattle, Wash., for defendant-appellee (WIGA).

Before TANG, D.W. NELSON and CANBY, Circuit Judges.

TANG, Circuit Judge:

Federal Insurance Company ("Federal") appeals the decision of the district court granting and denying motions for summary judgment in an action for declaratory relief. Federal contends the district court erred in declaring that Federal was liable under an excess insurance policy to provide coverage in place of Integrity Insurance Company ("Integrity"), an insolvent underlying insurer. We affirm the district court, holding that when an insurer...

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