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PMI MORTG. INS. v. AMERICAN INTERN.

Nos. 03-15728, 03-16007.

394 F.3d 761 (2005)

PMI MORTGAGE INSURANCE CO., Plaintiff-Appellant, v. AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY, Federal Insurance Company, and Columbia Casualty Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 14, 2005.

As Amended on Denial of Rehearing and Certification March 10, 2005.

Attorney(s) appearing for the Case

David B. Goodwin and Warrington S. Parker III, Heller Ehrman White & McAuliffe LLP, San Francisco, CA, for the plaintiff-appellant.

Mark G. Bonino, Ropers, Majeski, Kohn & Bentley, San Francisco, CA, and H. Paul Breslin, Archer Norris, Walnut Creek, CA, for the defendants-appellees.

Before: CUDAHY, GRABER and FISHER, Circuit Judges.

CUDAHY, Circuit Judge:

I. BACKGROUND

PMI is a large financial institution that sells, among other things, mortgage guaranty insurance to residential mortgage lenders who provide loans to homebuyers considered to be at risk of defaulting on their mortgages. This insurance covers a lender for losses incurred when a borrower defaults on the repayment of a mortgage loan and the collateral is not sufficient to make the lender whole. PMI also offers its lender...

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