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WESTCHESTER FIRE INS. CO. v. MENDEZ

No. 07-17383.

585 F.3d 1183 (2009)

WESTCHESTER FIRE INSURANCE COMPANY, Plaintiff-Appellee, Northwest Airlines, Inc., Intervenor-Appellant, v. Phil MENDEZ, doing business as Professional Aircraft Line Service, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed October 28, 2009.

Attorney(s) appearing for the Case

Jeffrey A. Eyers and Jeffrey A. Ehrich (argued), Leonard Street and Deinard, Minneapolis, MN; David N. Frederick and Charles H. McCrea, Lionel Sawyer & Collins, Las Vegas, NV, for the intervenor-appellant.

Erin Fury Parkinson (argued) and Margaret Diamond, McGlinchey Stafford, New Orleans, LA; Thomas J. Lincoln, Nicholas B. Salerno, and James M. Barrington, Lincoln, Gustafson & Cercos, Las Vegas, NV, for the plaintiff-appellee.

Before: DOROTHY W. NELSON, MARSHA S. BERZON and RICHARD R. CLIFTON, Circuit Judges.

CLIFTON, Circuit Judge:

Westchester Fire Insurance Company brought a declaratory relief action against Phil Mendez, its insured policyholder under a commercial general liability insurance policy. Westchester contended that it had no obligation to defend or indemnify Mendez against a certain claim because he failed to give proper notice to the insurance company of the claim. The injured party, Northwest Airlines, whose airplane was allegedly damaged by one of Mendez...

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