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GENERAL AMERICAN LIFE INS. CO. v. CASTONGUAY

No. 91-16072.

984 F.2d 1518 (1993)

GENERAL AMERICAN LIFE INSURANCE COMPANY, Plaintiff-Appellant, v. Lee CASTONGUAY, Jerry Fitzpatrick, Charles Kilmer, et al.; Alex G. Sieben, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 1, 1993.

Attorney(s) appearing for the Case

Andrew W. Lafrenz, William R. Hill, and Michael D. Alexander, Donahue, Gallagher, Thomas & Woods, Oakland, CA, for plaintiff-appellant General American Life Ins. Co.

James A. Carter, Jay P. Hendrickson, and Karen T. Dutton, Hendrickson, Higbie & Carter, San Francisco, CA, for defendants-appellees Lee Castonguay, Jerry Fitzpatrick, Charles Kilmer, Royal Miller, Jr., Charles P. Niles, Glenn Cornelius, Morris Landy, Harold W. Beaune, James E. Burney, Richard Kane, individually and as trustees of the Northern California Motor Car Dealers Ass'n Trust Fund.

Mark T. Mitchell, McClintock & Quadros, San Mateo, CA, for defendant-appellee Alex G. Sieben.

Before KOZINSKI and THOMPSON, Circuit Judges, and von der HEYDT, District Judge.

KOZINSKI, Circuit Judge:

The Northern California Motor Car Dealers Association Trust, an ERISA trust, is obligated by its contract with General American Insurance Company to reimburse General over four million dollars. Unfortunately, it looks like the trust will come up three million dollars short. We are faced with two questions: First, can General sue not only for breach of contract but also for fraud, based on misrepresentations the trust's agent allegedly made...

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