Legal Opinion
Biltmore Associates, LLC v. Twin City Fire Insurance
Court of Appeals for the Ninth Circuit
Decided July 10, 2009No. 06-16417, 07-16036PublishedCited by 40 opinions
1Opinion of the Court
KLEINFELD, Circuit Judge:
This is an insurance coverage dispute arising in the context of bankruptcy. It turns on the insured versus insured exclusion. We also resolve an associated attorneys’ fees dispute.
I. Facts.
The district court dismissed the case for failure to state a claim on which relief could be granted, under Rule 12(b)(6). The complaint was supplemented by attachment of the insurance policies at issue to the defendants’ motions. 1 The complaint and the insurance policies control the outcome. Visitalk, an Arizona corporation, purchased directors and officers liability insurance from…
2Cases cited38 opinions
- U.S. Bancorp Mortgage Co. v. Bonner Mall PartnershipSupreme Court of the United States · 1994
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Ross v. BernhardSupreme Court of the United States · 1969
- O'Melveny & Myers v. Federal Deposit InsuranceSupreme Court of the United States · 1994
- Commodity Futures Trading Commission v. WeintraubSupreme Court of the United States · 1985
33 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Nilsen v. Neilson (In Re Cedar Funding, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
- Strategic Development & Construction, Inc. v. 7th & Roosevelt Partners, LLCCourt of Appeals of Arizona · 2010
- MICHAEL ABBOUD VS. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA(L-680-14, MONMOUTH COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2017
- Indian Harbor Ins. v. Clifford ZuckerCourt of Appeals for the Sixth Circuit · 2017
- Yessenow v. Executive Risk IndemnityAppellate Court of Illinois · 2011
35 more not listed; retrieve them via the Exa API.