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AETNA CAS. AND SUR. CO. v. MERRITT

No. 91-55344.

974 F.2d 1196 (1992)

AETNA CASUALTY AND SURETY COMPANY, Plaintiff-Appellee, v. Ned MERRITT; Julius T. Toth, Jr.; Foothill Service Corporation; Nordhoff et al., Defendants-Appellants, RFS Development Corporation, et al., Defendant-Counterclaimant-Crossclaimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 9, 1992.

Attorney(s) appearing for the Case

Robert D. Phillips, Jr., Bowles & Verna, Walnut Creek, Cal., for defendant-appellant RFS Corp.

Jeanette Torrel Maginnis, Maginnis & Maginnis, Los Angeles, Cal., for defendants-appellants Ned Merritt, Julius T. Toth, Jr., Lisa Toth and Ida Toth.

Keith A. Turner, Sedgwick, Detert, Moran & Arnold, Los Angeles, Cal., for plaintiff-appellee Aetna Cas. & Sur. Co.

Before: BOOCHEVER, NORRIS and NOONAN, Circuit Judges.

NOONAN, Circuit Judge:

Aetna Casualty and Surety Company, a Connecticut corporation, (Aetna) brought suit for declaratory judgment against Ned Merritt and Julius T. Toth, Jr., citizens of California, Foothill Service Corporation (Foothill), and RFS Development Corporation (RFS), California corporations. Certain of these defendants had been insured by Aetna, and Aetna sought a declaration that it had no obligation to defend the suit brought against them by Toth or...

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