Legal Opinion

Todd Pacific Shipyards, Inc. v. Westport Insurance

Court of Appeals for the Ninth Circuit

Decided October 25, 2004No. 03-35515Published

1Opinion of the Court

MEMORANDUM *

Todd Pacific Shipyards, Inc., appeals the district court’s grant of summary judgment to Westport Insurance Corp. and Allianz Insurance Co. on Todd’s claim for insurance benefits. We affirm.(1) Washington law permits one year limitation clauses in insurance contracts,1 and Todd does not persuade us that tolling, equitable2 or otherwise,3 would be proper under Washington law. Thus, Todd’s action was barred.(2) Todd also asserts that removal of the action from state to federal court was procedurally defective,4 but whether there *535was a procedural defect or not, Westport’s joining in…

2Cases cited12 opinions

  1. Parrino v. FHP, Inc.Court of Appeals for the Ninth Circuit · 1998
  2. Millay v. CamWashington Supreme Court · 1998
  3. Millay v. CamWashington Supreme Court · 1998
  4. Douchette v. Bethel School District No. 403Washington Supreme Court · 1991
  5. Gunnier v. Yakima Heart Center, Inc.Washington Supreme Court · 1998

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