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DEWITT CONST. INC. v. CHARTER OAK FIRE INS. CO.

Nos. 01-36013, 01-36014.

307 F.3d 1127 (2002)

DEWITT CONSTRUCTION INC., Plaintiff-Appellant, v. CHARTER OAK FIRE INSURANCE COMPANY; Travelers Property Casualty Corporation; Travelers Indemnity Company of America, Defendants-Appellees, v. Opus Northwest LLC, Third-party-plaintiff. DeWitt Construction Inc., Plaintiff-Appellee, v. Charter Oak Fire Insurance Company; Travelers Property Casualty Corporation; Travelers Indemnity Company of America, Defendants-Appellants, v. Opus Northwest LLC, Third-party-plaintiff.

United States Court of Appeals, Ninth Circuit.

Filed October 9, 2002.

As Amended on Denial of Rehearing and Rehearing December 4, 2002.

Attorney(s) appearing for the Case

Todd C. Hayes, Stanislaw Ashbaugh, LLP, Seattle, WA, for plaintiff-appellant-appellee.

Russell C. Love, Thorsrud Cane & Paulich, Seattle, WA, for defendants-appellees-appellants.

Before HILL, GOULD, and BERZON, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc December 4, 2002.

Opinion by Judge GOULD; Concurrence by Judge HILL.

OPINION

GOULD, Circuit Judge.

This appeal, in a case with jurisdiction based on diversity, follows the district court's grant of summary judgment in an insurance contract dispute about two commercial liability insurance policies purchased by DeWitt Construction, Inc. ("DeWitt") from Travelers Property Casualty Co.

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