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MAFFEI v. NORTHERN INS. CO. OF NEW YORK

No. 92-15651.

12 F.3d 892 (1993)

J.R. MAFFEI; Richard Maffei; Betty J. Maffei, Plaintiffs-Appellants, v. NORTHERN INSURANCE COMPANY OF NEW YORK; Maryland Casualty Co., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 27, 1993.

Attorney(s) appearing for the Case

Philip Borowsky and Dennis Kruszynski, Cartwright, Slobodin, Bokelman, Borowsky, Wartnick, Moore & Harris, San Francisco, CA, for plaintiffs-appellants.

Roxanne L. Holmes, Bronson, Bronson & McKinnon, San Francisco, CA, for defendants-appellees.

Before: HUG, Jr., FARRIS and BRUNETTI, Circuit Judges.

HUG, Circuit Judge:

This is an action by an insured, J.R. Maffei, against the two defendant insurance carriers for breach of contract, bad faith, and declaratory relief. The action was originally filed in state court, but then was removed by the defendants on the basis of diversity of citizenship, pursuant to 28 U.S.C. § 1441. The primary issue in this case is whether a discharge of sulfur dioxide resulted from a fire in a drum of sodium hydrosulfite or from...

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