Legal Opinion

American Family Insurance Comp v. Milo Bergeson

Court of Appeals for the Ninth Circuit

Decided March 28, 2012No. 10-17326Unpublished

1Opinion of the Court

MEMORANDUM ***

Appellee American Family Insurance Company (“American Family”) sought a declaration against appellants Milo Bergeson and David and Joan Levengood (“the Levengoods”) that American Family did not have a duty to defend or indemnify the Levengoods in an underlying wrongful death suit brought by Bergeson, after his ex-wife Lynn Bergeson died from carbon monoxide intoxication in the condominium she leased from the Levengoods when an improperly wired ceiling fan ignited the insulation above her unit. Bergeson and the Levengoods (collectively, “appellants”)appeal the district court’s…

2Cases cited8 opinions

  1. Smith v. MarshCourt of Appeals for the Ninth Circuit · 1999
  2. United Services Automobile Ass'n v. MorrisArizona Supreme Court · 1987
  3. Regal Homes, Inc. v. CNA InsuranceCourt of Appeals of Arizona · 2007
  4. PUEBLO SANTA FE TOWNHOMES OWNERS'ASS'N v. Transcontinental Insurance Co.Court of Appeals of Arizona · 2008
  5. Sullivan v. Oracle Corp.Court of Appeals for the Ninth Circuit · 2011

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