PENSION TRUST FUND v. FEDERAL INS. CO.

Nos. 00-17055, 00-17223.

307 F.3d 944 (2002)

PENSION TRUST FUND FOR OPERATING ENGINEERS, Plaintiff-Appellant-Cross-Appellee, v. FEDERAL INSURANCE COMPANY, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 1, 2002.


Attorney(s) appearing for the Case

Edward Mevi, Suzanne Klotz, Stanton, Kay & Watson, San Francisco, CA; and James J. Wesser, John Plotz, Van Bourg, Weinberg, Roger & Rosenfeld, Oakland, CA, for the appellant-cross-appellee.

H. Paul Breslin, Archer Norris, Walnut Creek, CA, for the appellee-cross-appellant.

Before: GOODWIN, SNEED and TROTT, Circuit Judges.


SNEED, Circuit Judge.

This is an action alleging breach of a fiduciary responsibility insurance policy arising out of an insurance company's refusal to defend its insured against a third party claim. The insured, Pension Trust Fund for Operating Engineers ("PTF"), appeals the district court's grant of summary judgment in favor of Federal Insurance Company ("Federal"). PTF asserts that the district court erred in concluding that Federal had no duty to defend PTF against...

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