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CUBIC CORP. v. INSURANCE CO. OF NORTH AMERICA

No. 93-55671.

33 F.3d 34 (1994)

CUBIC CORPORATION, a Delaware Corporation, Plaintiff-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, a Pennsylvania Corporation; Continental Insurance Company, a New Hampshire Corporation; United States Fidelity & Guaranty Company, a Maryland Corporation; Hartford Insurance Company, an Indiana Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 10, 1994.

Attorney(s) appearing for the Case

Scott A. Johnson, and Clyde C. Greco, Jr., Greco & Traficante, San Diego, CA, for plaintiff-appellant.

Randall Gustafson, Lincoln & Gustafson, San Diego, CA, for defendant-appellee Ins. Co. of North America.

Gerald P. Schneeweis, and Lawrence E. Picone, Morris, Polich & Purdy, San Diego, CA, for defendant-appellee Continental Ins. Co.

Susan E. Firtch, Clark J. Burnham, Larson & Burnham, Oakland, CA, Charles R. Grebing, Douglas J. Simpson, Wingert, Grebing, Anello & Brubaker, San Diego, CA, for defendant-appellee U.S. Fidelity & Guar. Co.

Kelley K. Beck, Timothy A. Gonzales, Hawkins, Schnabel, Lindahl & Beck, Los Angeles, CA, for defendant-appellee Hartford Ins. Co.

Before: D.W. NELSON and NOONAN, Circuit Judges, and KING, District Judge.

NOONAN, Circuit Judge:

Cubic Corporation (Cubic) brought suit against the Insurance Company of North America, Continental Insurance Company, United States Fidelity & Guaranty Company, and Hartford Insurance Company (the Insurers) seeking a declaratory judgment and damages for tortious breach of insurance contracts. Cubic contended that the Insurers should investigate, defend and reimburse the costs of suits arising out of Cubic's bribery of high officials in the...

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