No. 96-56818.

140 F.3d 839 (1998)

AVEMCO INSURANCE COMPANY, Plaintiff-Appellee, v. William DAVENPORT, Defendant-Appellant, and Department of Water and Power, City of Los Angeles, Defendant, Southern California Edison Company; Allstate Insurance Company, Defendants-Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided April 7, 1998.

Attorney(s) appearing for the Case

Todd E. Macaluso, Schlothauer, Collins & Macaluso, Los Angeles, CA, for defendant-appellant.

Garry L. Montanari, Michaelis, Montanari & Johnson, Westlake Village, CA, for plaintiff-appellee.

Before: FLETCHER, MAGILL, and T.G. NELSON, Circuit Judges.

MAGILL, Senior Circuit Judge:

Avemco Insurance Company (Avemco) issued an insurance policy covering William Davenport's home-built experimental aircraft. After Davenport's aircraft crashed on May 7, 1995, Avemco sought a declaration from the district court that, because Davenport had not complied with the terms of the policy, Avemco had no duty to defend or indemnify Davenport for any claims arising from the accident. The district court granted summary judgment in...

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