Legal Opinion

James B. Lunsford Regina T. Charboneau Bay Vista Enterprises, Inc. v. American Guarantee & Liability Insurance Co.

Court of Appeals for the Ninth Circuit

Decided March 17, 1994No. 91-16536PublishedCited by 85 opinions

1Opinion of the Court

ORDER

The memorandum disposition filed January 10, 1994, is redesignated as an authored opinion by Judge Hug.

OPINION

HUG, Circuit Judge:

This case asks us to determine whether, under California law, a general liability insurance policy which promises to defend an insured against “malicious prosecution” includes a duty to defend against an “abuse of process” claim. The district court held that it did not and granted summary judgment in favor of the insurer, American Guarantee & Liability Insurance Company (“American”), 775 F.Supp. 1574. We reverse.

The district court’s jurisdiction was based upon…

2Cases cited16 opinions

  1. T.W. Electrical Service, Inc. v. Pacific Electrical Contractors Ass'nCourt of Appeals for the Ninth Circuit · 1987
  2. Gruenberg v. Aetna InsuranceCalifornia Supreme Court · 1973
  3. AIU Insurance v. Superior CourtCalifornia Supreme Court · 1990
  4. Intel Corporation v. Hartford Accident & Indemnity CompanyCourt of Appeals for the Ninth Circuit · 1991
  5. Fu-Kong Tzung Jean Tzung v. State Farm Fire and Casualty Company, and Does 1 Through 100, InclusiveCourt of Appeals for the Ninth Circuit · 1989

11 more not listed; retrieve them via the Exa API.

3Cited by85 opinions

  1. Lana Guebara, Cross-Appellee v. Allstate Insurance CompanyCourt of Appeals for the Ninth Circuit · 2001
  2. Joan Cherie Amadeo v. Principal Mutual Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 2002
  3. Downey Venture v. LMI Ins. Co.California Court of Appeal · 1998
  4. Allstate Insurance v. MadanDistrict Court, C.D. California · 1995
  5. Allstate Ins. Co. v. MillerNevada Supreme Court · 2009

80 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API