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NAT. AMERICAN INS. CO. OF CAL. v. UNDERWRITERS

No. 94-55047.

93 F.3d 529 (1996)

NATIONAL AMERICAN INSURANCE COMPANY OF CALIFORNIA, Plaintiff-Appellee, v. CERTAIN UNDERWRITERS AT LLOYD'S LONDON, subscribing to the reinsurance agreements represented by certificates number LC 58392 and LC 103204, Defendant, and Smith and Companies, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 30, 1995.

Amended August 24, 1995.

Argued and Submitted May 14, 1996.

Opinion Withdrawn August 15, 1996.

Decided August 15, 1996.

Attorney(s) appearing for the Case

George J. Koelzer, Lane Powell Spears Lubersky, Los Angeles, California, for defendant-appellant.

Linda M. Lasley, Reinsurance Counsel, A Law Corporation, Pasadena, California, for plaintiff-appellee.

Before BEEZER and TROTT, Circuit Judges, and SHUBB, District Judge.

ORDER

The opinion filed June 30, 1995 and amended August 24, 1995 is withdrawn.

OPINION

SHUBB, District Judge:

In July 1991, National American Insurance Company of California ("National") brought this diversity action in the district court to collect on two reinsurance policies issued in the early 1960's by various underwriters at Lloyd's, London (collectively the "Underwriters"). The Underwriters appeal from a summary judgment awarding...

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