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EVEREST AND JENNINGS, INC. v. AMERICAN MOTORISTS INS.

No. 92-56351.

23 F.3d 226 (1994)

EVEREST AND JENNINGS, INC., Plaintiff-Appellant, v. AMERICAN MOTORISTS INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 13, 1994.

Attorney(s) appearing for the Case

Mary Craig Calkins (argued) and Kirk A. Pasich and Wendy I. Kirchick (on the brief), Hill, Wynne, Troop & Meisinger, Los Angeles, CA, for plaintiff-appellant.

Kristin E. Meredith (argued) and Lane J. Ashley (on the brief), Sedgwick, Detert, Moran & Arnold, Los Angeles, CA, for defendant-appellee.

Before: BRIGHT, WIGGINS, and T.G. NELSON, Circuit Judges.

Opinion by Judge BRIGHT.

BRIGHT, Senior Circuit Judge:

Burke Incorporated (Burke), a wheelchair manufacturer, sued its competitor Everest and Jennings (E & J) alleging patent infringement. E & J requested its insurer, American Motorists Insurance Company (AMICO), to defend E & J in the Burke suit, and indemnify E & J in the event Burke won a damage award. After AMICO declined to defend or indemnify E & J, E & J instituted this action...

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