R & R SAILS v. INSURANCE CO. OF PA.

Nos. 10-55115, 10-55888.

673 F.3d 1240 (2012)

R & R SAILS, INC., dba Hobie Cat Company, Plaintiff-Appellant, v. INSURANCE COMPANY OF the State of PENNSYLVANIA, Defendant-Appellee. R & R Sails, Inc., dba Hobie Cat Company, Plaintiff-Appellant, v. Insurance Company of the State of Pennsylvania, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 21, 2012.


Attorney(s) appearing for the Case

John Morris (argued), Steven J. Cologne , Thomas W. Ferrell , and Victoria E. Fuller , Higgs Fletcher & Mack LLP, San Diego, CA, for the plaintiff-appellant.

Daniel J. Gonzalez (argued), Peter Abrahams , and Andrea A. Ambrose , Horvitz & Levy LLP, Encino, CA, for the defendant-appellee.

Rebecca R. Weinreich , Douglas R. Irvine , and Lane J. Ashley , Lewis Brisbois Bisgaard & Smith LLP, Los Angeles, CA, for the defendant-appellee.

Before: STEPHEN REINHARDT and MARSHA S. BERZON, Circuit Judges, and MATTHEW F. KENNELLY, District Judge.


OPINION

KENNELLY, District Judge:

Insured R & R Sails, Inc. ("R & R") sued The Insurance Company of Pennsylvania, a subsidiary of the American International Group, Inc. ("AIG"), for breach of contract, unfair competition, and tortious bad faith denial of an insurance claim. The district court granted summary judgment on R & R's unfair competition claim. AIG then sent an unsolicited payment to R & R for the remaining policy benefits provided...

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