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ENCOMPASS INS. CO. v. COAST NAT. INS. CO.

No. 12-55784.

764 F.3d 981 (2014)

ENCOMPASS INSURANCE COMPANY, an Illinois Corporation; Glens Falls Insurance Company, an Illinois Corporation, Plaintiffs-Appellants, v. COAST NATIONAL INSURANCE COMPANY, a corporation; Midcentury Insurance Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 13, 2014.

Attorney(s) appearing for the Case

Daniel P. Barer (argued), Girard Fisher , and Scott J. Vida , Pollak, Vida & Fisher, Los Angeles, CA, for Plaintiffs-Appellants.

Limor Lehavi (argued) and Mariyetta A. Meyers-Lopez , Archer Norris, APLC, Newport Beach, CA, for Defendants-Appellees.

Before: HARRY PREGERSON, MICHAEL R. MURPHY, and N. RANDY SMITH, Circuit Judges.

OPINION

PREGERSON, Circuit Judge:

We must decide whether unloading an injured passenger from a motor vehicle constitutes "use" of that motor vehicle, under California law. We conclude that it does.

BACKGROUND

This case arises out of an automobile accident. Alexandra Van Horn was a passenger in a car driven by a man named Anthony Glen Watson. Watson lost control of his vehicle; the car ran off the road and crashed into a light pole. A second...

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