Legal Opinion

Apartment Store v. Mount Vernon Fire Insurance

Court of Appeals for the Ninth Circuit

Decided May 17, 2005No. 03-36003Published

1Opinion of the Court

MEMORANDUM *

The Apartment Store appeals the district court’s grant of summary judgment in favor of Mount Vernon Fire and Insurance Co. The Apartment Store contends that Mount Vernon had a duty to defend and indemnify it in two lawsuits brought by former tenants. We have jurisdiction over this diversity action under 28 U.S.C. § 1291 and we apply Montana law. See Bell Lavalin, Inc. v. Simcoe and Erie Gen. Ins. Co., 61 F.3d 742, 745 (9th Cir.1995). We review de novo the district court’s grant of summary judgment, Burlington Ins. Co. v. Oceanic Design & Constr., Inc., 383 F.3d 940, 944 (9th…

2Cases cited9 opinions

  1. Staples v. FARMERS UNION MUTUAL INSURANCE COMPANYMontana Supreme Court · 2004
  2. Stutzman v. Safeco Insurance Co. of AmericaMontana Supreme Court · 1997
  3. The Burlington Insurance Company v. Oceanic Design & Construction, Inc.Court of Appeals for the Ninth Circuit · 2004
  4. Pablo v. MooreMontana Supreme Court · 2000
  5. Burns v. Underwriters Adjusting Co.Montana Supreme Court · 1988

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