Legal Opinion
Reliance Insurance v. Doctors' Co.
Court of Appeals for the Ninth Circuit
Decided May 26, 2005No. Nos. 04-15558, 04-15598; D.C. No. CV-02-00159-HGPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM *
1. The district court did not err in dismissing TDC’s counterclaim of setoff on abstention principles under Burford v. Sun Oil Co., 319 U.S. 315, 63 S.Ct. 1098, 87 L.Ed. 1424 (1943). See City of Tucson v. U.S. West Communications, Inc., 284 F.3d 1128, 1133 (9th Cir.2002).
2. The district court did not err in granting summary judgment to Reliance on its claim for subrogation. The Straub Clinic and Drs. Kubota and Pearce, as parties to the settlement, were “legally obligated to pay” the settlement amount as “damages” within the meaning of the TDC policy; and by settling, TDC could…
2Cases cited3 opinions
- Burford v. Sun Oil Co.Supreme Court of the United States · 1943
- Maraziti v. ThorpeCourt of Appeals for the First Circuit · 1995
- City of Tucson v. U.S. West Communications, Inc.Court of Appeals for the Ninth Circuit · 2002
3Cited by3 opinions
- Kowalski v. Anova Food, LLCDistrict Court, D. Hawaii · 2013
- Johnson v. United StatesDistrict Court, D. Maryland · 2012
- St. Paul Fire & Marine Insurance Company v. Liberty Mutual Insurance Company.Hawaii Supreme Court · 2015