Schmidt v. Certain Underwriters at Lloyd's

I disagree that there is a genuine issue of material fact that precludes summary judgment in this case. Trial will be to the court. “[Wjhere the ultímate fact in dispute is destined for decision by the court rather than by a jury, there is no reason why the court and the parties should go through the motions of a trial if the court will eventually end up deciding on the same record.” TransWorld Airlines, Inc. v. American Coupon Exchange, Inc., 913 F.2d 676, 684 (9th Cir.1990). Here, the historical facts are undisputed, and there are no credibility issues. Even if there are conflicting…