CONESTOGA SERVICES v. EXECUTIVE RISK INDEMNITY

No. 01-16693.

312 F.3d 976 (2002)

CONESTOGA SERVICES CORPORATION, Plaintiff-Appellant, v. EXECUTIVE RISK INDEMNITY, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 27, 2002.


Attorney(s) appearing for the Case

Lee S. Harris, Brian E. Soriano, Goldstein, Gellman, Melbostad, Gibson & Harris, LLP, Matthew Wertheim, Law Office of Matthew Wertheim, Elizabeth E. Bader, Law Office of Elizabeth E. Bader, San Francisco, CA, for plaintiff-appellant.

Stephen L. Young, Oakland, CA, for Amici Curiae on Behald of Plaintiff/Appellant.

Robert B. Best, Jr., Husch & Eppenberger, LLP, Kansas, MO, for Amicus Curiae on Behalf of Plaintiff/Appellant.

Gilbert D. Jensen, Musick, Peeler & Garrett, LLP, Los Angeles, CA, for defendant-appellee.

Before B. FLETCHER, ARNOLD and RAWLINSON, Circuit Judges.


OPINION

BETTY B. FLETCHER, Circuit Judge.

Plaintiff-appellant Conestoga Services Corp. ("Conestoga"),1 an insurance brokerage, sued defendant-appellee Executive Risk Indemnity, Inc. ("Executive Risk"), claiming that Executive Risk breached its liability insurance contract with Conestoga when it refused to defend Conestoga in a malpractice suit. Executive Risk maintained that it was not obliged to defend Conestoga under Conestoga...

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