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ANTHEM ELECTRONICS v. PACIFIC EMPLOYERS INS.

No. 01-16402.

302 F.3d 1049 (2002)

ANTHEM ELECTRONICS, INC., Plaintiff-Appellant, v. PACIFIC EMPLOYERS INSURANCE COMPANY, a California corporation; Federal Insurance Company, an Indiana corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 5, 2002.

Attorney(s) appearing for the Case

David A. Gauntlett, James A. Lowe, Gauntlett & Assoc., Irvine, CA, for the plaintiff-appellant.

Stephen L. Newton, O. Antony Abdollahi, Newton, Kastner & Remmel, Mountain View, CA, for defendant-appellee Federal Insurance Co.

Robert B. Stringer, Cyril & Crowley LLP, San Francisco, CA, for defendant-appellee Pacific Employers Insurance Co.

Before SCHROEDER, Chief Judge, D.W. NELSON and REINHARDT, Circuit Judges.

OPINION

D.W. NELSON, Circuit Judge.

We are asked to decide whether, under California law, the plaintiff's general liability insurance policies required the defendants, two insurance companies, to defend their insured against a negligence and breach of contract suit brought by a third party. The district court granted summary judgment to the insurers. Because the complaint at issue clearly raised the possibility...

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