1. Home
  2. Browse Decisions
  3. F.3d
  4. 572 F.3d
  5. 572 F.3d 663 (2009)
 

BILTMORE ASSOCIATES v. TWIN CITY FIRE INS. CO.

Nos. 06-16417, 07-16036.

572 F.3d 663 (2009)

BILTMORE ASSOCIATES, LLC, as Trustee of the Visitalk Creditors Trust, Plaintiff-Appellant, v. TWIN CITY FIRE INSURANCE COMPANY, an Indiana corporation; Great American Insurance Company, a New York corporation; Carolina Casualty Insurance Company; Old Republic Insurance Company, a Pennsylvania corporation; North American Specialty Insurance Company, a New Hampshire corporation, Defendants-Appellees. Biltmore Associates, LLC, as Trustee of the Visitalk Creditors Trust, Plaintiff-Appellant, v. Twin City Fire Insurance Company, an Indiana corporation; Great American Insurance Company, a New York corporation; Carolina Casualty Insurance Company; Old Republic Insurance Company, a Pennsylvania corporation; North American Specialty Insurance Company, a New Hampshire corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 10, 2009.

Attorney(s) appearing for the Case

Andrew S. Jacob, Shughart Thompson & Kilroy, P.C., Phoenix, AZ, for the appellant.

Michael F. Perlis, Stroock & Stroock & Lavan LLP, Los Angeles, CA, for appellee, Twin City Fire Insurance Company.

E.J. Kotalik, Jr., Peshkin & Kotalik, P.C., Phoenix, AZ, for appellee, Old Republic Insurance Company.

Mark G. Worischeck (briefed), J. Steven Sparks, Sanders & Parks, P.C., Phoenix, AZ; James K. Thurston, Wilson, Elser, Moskowitz, Edelman & Dicker LLP, Chicago, IL, for appellee, Carolina Casualty Insurance Company.

Greg S. Comol (briefed), Lewis Brisbois Bisgaard & Smith LLP, Phoenix, AZ, for appellee Great American Insurance Company.

Gena L. Sluga (briefed), Harper Christian Dichter Graif, PC, Phoenix, AZ, for appellee North American Specialty Insurance Company.

Before ANDREW J. KLEINFELD and N. RANDY SMITH, Circuit Judges, and RICHARD MILLS, District Judge.

KLEINFELD, Circuit Judge:

This is an insurance coverage dispute arising in the context of bankruptcy. It turns on the insured versus insured exclusion. We also resolve an associated attorneys' fees dispute.

I. Facts.

The district court dismissed the case for failure to state a claim on which relief could be granted, under Rule 12(b)(6). The complaint was supplemented by attachment of the insurance policies at issue to the defendants' motions.

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases