INTERSTATE FIRE v. UNDERWRITERS AT LLOYD'S, LONDON

Nos. 96-35379, 96-35417 and 96-35450.

139 F.3d 1234 (1998)

INTERSTATE FIRE & CASUALTY COMPANY, an Illinois corporation, Plaintiff-Appellee/ Cross-Appellant, v. UNDERWRITERS AT LLOYD'S, LONDON, et al., Defendants, and Archdiocese of Portland in Oregon, an Oregon corporation, Defendant-Appellant/ Cross-Appellee. INTERSTATE FIRE & CASUALTY COMPANY, an Illinois corporation, Plaintiff-Appellee, v. ARCHDIOCESE OF PORTLAND IN OREGON, an Oregon corporation, Defendant, Underwriters at Lloyd's London, subscribing to Policy Nos. SL 3391/SLC 54111 and SL 3831/SLC 5843; Excess Insurance Co. Ltd., a United Kingdom corporation; Yasuda Fire and Marine Insurance Company, Ltd. (U.K.), a United Kingdom corporation; Terra Nova Ins. Co. Ltd., a United Kingdom corporation; Universal Reinsurance Corp., a New Jersey corporation, successor to Bellafonte Ins. Co., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided March 9, 1998.

As Amended May 13, 1998.


Attorney(s) appearing for the Case

Timothy J. McNamara, Onebane, Donohoe, Bernard, Torian, Dias, McNamara & Abell, Lafayette, Louisiana; William D. Okrent, Holmes & Rickles, Portland, Oregon, for plaintiff-appellee/cross-appellant.

Thomas V. Dulcich, Peter A. Ozanne, Schwabe, Williamson & Wyatt, Portland, Oregon, for defendant-appellant/cross-appellee; Leslie J. Rosen, Hugh C. Griffin, Lord, Bissell & Brook, Chicago, Illinois, for defendants-appellants.

Before: CANBY, T.G. NELSON and KLEINFELD, Circuit Judges.


CANBY, Circuit Judge:

This case comes to our court for the second time. See Interstate Fire & Cas. Co. v. Archdiocese of Portland, 35 F.3d 1325, 1327 (9th Cir.1994) ("Interstate II"). The Archdiocese of Portland and Underwriters at Lloyd's, London ("Lloyd's") now appeal a district court order granting summary judgment in favor of Interstate Fire & Casualty Co. Interstate cross-appeals the district

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