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GUEBARA v. ALLSTATE INS. CO.

Nos. 98-55458, 98-55459.

237 F.3d 987 (2001)

Lana GUEBARA, Plaintiff-Appellant-Cross-Appellee, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 12, 2001.

Attorney(s) appearing for the Case

Alan L. Geraci, Frantz & Geraci, San Diego, California, for the plaintiff-appellant-cross-appellee.

Charles A. Bird (argued), Peter H. Klee, Lawrence J. Kouns, Luce, Forward, Hamilton & Scripps LLP, San Diego, California, counsel for the defendant-appellee-cross-appellant.

Before: Betty B. Fletcher, Dorothy W. Nelson, and Melvin Brunetti, Circuit Judges.

Argued and Submitted October 7, 1999 — Pasadena, California.

Opinion by Judge D.W. NELSON; Dissent by Judge BETTY B. FLETCHER.

D.W. NELSON, Circuit Judge:

The issue this case presents is whether the district court violated California law in dismissing appellant Lana Guebara's bad faith claims because there were genuine issues as to coverage. Guebara argues that the "genuine issue" rule should be limited to disputes over contractual language...

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