AMERICAN CASUALTY CO. OF READING, PA. v. KRIEGER

No. 97-55926.

181 F.3d 1113 (1999)

AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, Plaintiff-Appellee, v. George KRIEGER, Defendant, and Playscool Productions; Todd Zweig Productions, Defendants-Appellants, Todd Zweig, individually dba Playscool Productions, Defendant-counterclaim-3d-party-plaintiff-Appellant. CNA/American Casualty Company of Reading, Pennsylvania, Counter-defendant-Appellee, v. Assicurazioni Generali S.P.A.; Royal Surplus Lines; Allied Specialty Insurance; San Diego Entertainment, Inc. Third-party-defendants-Appellees. Assicurazioni Generali, Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 29, 1999.


Attorney(s) appearing for the Case

David W. Baumgarten, San Diego, California, for defendants-appellants.

Laura E. Hogan, Hawkins, Schnabel, Lindahl & Beck, Los Angeles, California, for plaintiff-appellee.

Before: BOOCHEVER, TASHIMA and WARDLAW, Circuit Judges.


BOOCHEVER, Circuit Judge:

Todd Zweig appeals the district court's entry of summary judgment in a declaratory judgment action brought by American Casualty Company. The district court held that the insurance company had no duty to indemnify or defend Zweig in a tort action stemming from a bungee jumping accident. We affirm in part and reverse in part.

FACTS

Todd Zweig ("Zweig") did business as Playscool Productions, which promoted and produced "roaming...

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