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SEQUOIA INS. CO. v. ROYAL INS. CO. OF AMERICA

No. 90-16820.

971 F.2d 1385 (1992)

SEQUOIA INSURANCE COMPANY, Plaintiff-Appellee, v. ROYAL INSURANCE COMPANY OF AMERICA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 23, 1992.

Attorney(s) appearing for the Case

William A. Bogdan, Lynch, Loofbourrow, Helmenstine, Gilardi & Grummer, San Francisco, Cal., for defendant-appellant.

Samuel F. Barnum, Barnum, Balthazar & DeLara, San Francisco, Cal., for plaintiff-appellee.

Before: TANG, BOOCHEVER, and PREGERSON, Circuit Judges.

BOOCHEVER, Circuit Judge:

This appeal involves a dispute between a primary insurer and an excess insurer, arising out of an automobile accident and a consequent wrongful death action. Royal Insurance Company appeals the entry of summary judgment in favor of Sequoia Insurance Company in Sequoia's action to recover the portion of the wrongful death judgment it paid in excess of policy limits. As is common in insurance disputes, the threshold issue with which we are...

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