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ZURICH AMERICAN INS. v. WHITTIER PROPERTIES

No. 02-36101.

356 F.3d 1132 (2004)

ZURICH AMERICAN INSURANCE COMPANY, Plaintiff-Appellee, v. WHITTIER PROPERTIES INC. d.b.a. Zipmart, Defendant-Appellant, and Ribelin Lowell & Company Insurance Brokers, Inc., Defendant.

United States Court of Appeals, Ninth Circuit.

Filed January 29, 2004.

Attorney(s) appearing for the Case

George R. Lyle, Guess & Rudd P.C., Anchorage, AK, for the defendant-appellant.

Dennis H. Walters, Karr Tuttle Campbell, Seattle, WA, and Matthew D. Regan, Holmes Weddle & Barcott, Anchorage, AK, for the plaintiff-appellee.

Alex M. Swiderski, Assistant Attorney General, Anchorage, AK, for State of Alaska, Amici Curiae.

R. Justin Smith, U.S. Department of Justice, Washington, D.C., for United States of America, Amici Curiae.

Laura A. Foggan, Wiley Rein & Fielding LLP, Washington, D.C., for Complex Insurance Claims Litigation Assn., et al., Amici Curiae.

Before BRUNETTI, T.G. NELSON, and GRABER, Circuit Judges.

T.G. NELSON, Circuit Judge.

Whittier Properties, Inc. ("Whittier") appeals the district court's grant of Zurich American Insurance Company's ("Zurich's") motion for summary judgment. The district court held as a matter of law that Whittier made a material misrepresentation on its insurance application for a policy provided by Zurich and that Zurich could therefore rescind the policy and deny coverage to Whittier. We reverse the district court's determination that...

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