EB HOLDINGS II, INC. v. ILLINOIS NATIONAL INS. CO.

No. 23-15556.

108 F.4th 1211 (2024)

EB HOLDINGS II, INC.; QXH II, Inc., Plaintiffs-Appellants, v. ILLINOIS NATIONAL INSURANCE COMPANY; Continental Casualty Company; Federal Insurance Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 29, 2024.


Attorney(s) appearing for the Case

Steven M. Shepard (argued) and Ravi Bhalla, Susman Godfrey LLP, New York, New York; Jessica Moran and Thomas Birsic, K&L Gates LLP, Pittsburgh, Pennsylvania; Dylan T. Ciciliano, Garman Turner Gordon LLP, Las Vegas, Nevada; Floyd G. Short, Susman Godfrey LLP, Seattle, Washington; Alexandra White, Susman Godfrey LLP, Houston, Texas; for Plaintiffs-Appellants.

Bennett E. Cooper (argued), Dickinson Wright PLLC, Phoenix, Arizona; Carleton R. Burch and Kenneth D. Watnick, Anderson McPharlin & Connors LLP, Las Vegas, Nevada; Illinois National Insurance Company, et al.

Jeffrey D. Olster, Lewis Brisbois Bisgaard & Smith LLP, Las Vegas, Nevada; for Defendant-Appellee Federal Insurance Company.

Richard A. Simpson (argued) and Charles Lemley, Wiley Rein LLP, Washington, D.C.; Leland H. Jones, IV, Lavin Rindner Duffield LLC, Washington, D.C.; Chad C. Butterfield, Wilson Elser, Las Vegas, Nevada; for Defendant-Appellee Continental Casualty Company.

Concurrence by Judge Mark J. Bennett.


OPINION

EB Holdings II, Inc. (EBH II) and QXH II, Inc. (QXH II) (together, the Insureds) seek coverage from their primary and excess insurers for the legal fees and expenses they incurred to defend against another lawsuit in which they were accused of fraudulently inducing others to purchase notes backed by an...

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