Standard Title Insurance Company v. United Pacific Insurance Company

VAN OOSTERHOUT, Circuit Judge.

This is an appeal by plaintiff Standard Title Insurance Company (Standard) from judgment sustaining defendant United Pacific Insurance Company’s (United) motion for partial summary judgment. The trial court determined that under Rule 42(b) the issue of whether defendant’s liability under its bond extended to acts occurring prior to September 20, 1960, should be separately tried and upon the basis of stipulations and affidavits on file sustained defendant’s motion for partial summary judgment and dismissed plaintiff’s complaint with respect to items in category…