VONS COMPANIES, INC. v. FEDERAL INS. CO.

No. 98-56645.

212 F.3d 489 (2000)

The VONS COMPANIES, INC., Plaintiff-Appellant, v. FEDERAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 9, 2000


Attorney(s) appearing for the Case

Michael R. Doyen and Cary B. Lerman, Munger, Tolles & Olson, Los Angeles, California, for the plaintiff-appellant.

David T. DiBiase, Carleton R. Burch, Anderson, McPharlin & Conners, LLP, Los Angeles, California, for the defendant-appellee.

Before: REINHARDT and O'SCANNLAIN, Circuit Judges, and SCHWARZER, Senior District Judge.


SCHWARZER, Senior District Judge:

The appellant, The Vons Companies, Inc., (Vons), seeks coverage for a $10 million dollar payment it made to settle two lawsuits in which it was sued under respondeat superior for the tortious actions of one Gene Shirley. The lawsuits were brought by investors in a scheme who suffered losses due in part to Shirley's fraud. We must decide whether Vons was entitled to coverage under its employee dishonesty policy issued by Federal Insurance...

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