Legal Opinion

Agrakey Solutions, LLC v. Mid-Continent Casualty Company

Court of Appeals for the Ninth Circuit

Decided September 4, 2013No. 12-35269Unpublished

1Opinion of the Court

MEMORANDUM *

AgraKey Solutions, LLC and John Reitsma (collectively, “AgraKey”) appeal the district court’s grant of summary judgment to Mid-Continent Casualty Company (“Mid-Continent”) on AgraKey’s claim that Mid-Continent breached its contractual duty to defend AgraKey. We review the entry of summary judgment de novo, applying Idaho law and, in the absence of a governing decision from the Idaho Supreme Court, “using intermediate appellate court decisions, decisions from other jurisdictions, statutes, treatises, and restatements as guidance.” Trishan Air, Inc. v. Fed. Ins. Co., 685 F.3d 422,…

2Cases cited10 opinions

  1. Webster v. United States Department of AgricultureCourt of Appeals for the Fourth Circuit · 2012
  2. Microtec Research, Inc. Jerry Kirk v. Nationwide Mutual Insurance Company St. Paul Fire & Marine Insurance CompanyCourt of Appeals for the Ninth Circuit · 1994
  3. Liberty Mutual Insurance Co. v. OSI Industries, Inc.Indiana Court of Appeals · 2005
  4. Hoyle v. Utica Mutual InsuranceIdaho Supreme Court · 2002
  5. Construction Management Systems, Inc. v. Assurance Co. of AmericaIdaho Supreme Court · 2001

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