UNIFIED WESTERN GROCERS, INC. v. TWIN CITY FIRE INS. CO.

No. 05-15986.

457 F.3d 1106 (2006)

UNIFIED WESTERN GROCERS, INC.; Certified Grocers of California, Ltd.; Grocers Specialty Company; Alfred A. Plamann; Charles Pilliter; Daniel T. Bane; Robert M. Ling; David A. Woodward, Plaintiffs-Appellants, v. TWIN CITY FIRE INSURANCE COMPANY, an Indiana corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 14, 2006.


Attorney(s) appearing for the Case

Jonathan H. Steiner, Christopher J. Cole, McCorriston Miller Mukai MacKinnon LLP, Honolulu, HI, for the plaintiffs-appellants.

Kim W. West, Tucker Ellis & West LLP, San Francisco, CA, for the defendant-appellee.

Before KOZINSKI and GOULD, Circuit Judges, and RICARDO S. MARTINEZ, District Judge.


GOULD, Circuit Judge.

We must determine whether the Appellants, three related corporate entities and six officers and/or directors of these entities, are entitled to insurance coverage for an underlying litigation brought by the bankruptcy trustee of a former subsidiary of the corporate entities. The district court granted summary judgment to the insurance company based on findings that the trustee's complaint alleged only willful acts and sought only restitutionary...

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