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PACIFIC GROUP v. FIRST STATE INS. CO.

Nos. 93-17049, 93-17102.

70 F.3d 524 (1995)

The PACIFIC GROUP, et al., Plaintiff-Appellee, v. FIRST STATE INSURANCE COMPANY, Defendant-Appellant. The PACIFIC GROUP, Plaintiff, and U.S. Hotel Properties Corp.; U.S. Hotel Properties Hotel and Resort Management Company; Wallace Smith; Horst Osterkamp, Plaintiffs-Appellants, v. FIRST STATE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Memorandum July 28, 1995.

Order and Opinion November 16, 1995.

Attorney(s) appearing for the Case

Mitchell C. Tilner, Horvitz & Levy, Encino, California, for defendant-appellant-cross-appellee First State Insurance Company.

William J. Keegan, The Keegan Law Firm, San Jose, California, for plaintiff-appellee The Pacific Group.

Thomas Peterson, Brobeck, Phleger & Harrison, San Francisco, California; and Brian Strange, Strange & Hoey, Los Angeles, California, for plaintiffs-appellees-cross-appellants U.S. Hotel Properties Corporation, U.S. Properties Hotel and Resort Management Company, Wallace Smith, Horst Osterkamp.

Before POOLE and KLEINFELD, Circuit Judges, and GONZALEZ, District Judge.

ORDER

The memorandum decision filed on July 28, 1995, 62 F.3d 1425, is redesignated as an authored opinion by Judge Kleinfeld with minor modifications.

OPINION

KLEINFELD, Circuit Judge:

The question in this case is whether an insurer's advertising injury coverage applied to a third party claim against its policyholder. As a matter of law, it did not.1

Facts.

Pacific Group's principals organized...

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