Legal Opinion
The Upper Deck Company, Llc, a Delaware Limited Liability Company v. Federal Insurance Company, an Indiana Corporation
Court of Appeals for the Ninth Circuit
Decided January 12, 2004No. 02-56081PublishedCited by 24 opinions
1Opinion of the Court
McKEOWN, Circuit Judge:
We consider here the scope of an insurer’s duty to defend a lawsuit on the basis of an unpled theory of recovery and damages. This case arises out of a lawsuit brought against the Upper Deck Company (“Upper Deck”) for violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961-1968, and various gambling laws for randomly inserting valuable cards into the packages of its entertainment and sports cards. Upper Deck tendered this litigation to Federal Insurance Company (“Federal”) under insurance policies covering claims for bodily…
2Cases cited12 opinions
- Gray v. Zurich Insurance Co.California Supreme Court · 1966
- Montrose Chemical Corp. v. Superior CourtCalifornia Supreme Court · 1993
- Horace Mann Ins. Co. v. Barbara B.California Supreme Court · 1993
- Ove v. GwinnCourt of Appeals for the Ninth Circuit · 2001
- Vandenberg v. Superior CourtCalifornia Supreme Court · 1999
7 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Sony Computer Entertainment America, Inc. v. American Home Assurance Co.Court of Appeals for the Ninth Circuit · 2008
- Smith v. SmithUtah Supreme Court · 2017
- Allstate Insurance v. NaaiDistrict Court, D. Hawaii · 2010
- Rizzo v. Insurance Co. of PennsylvaniaDistrict Court, C.D. California · 2013
- Eastpointe Condominium I Ass'n v. Travelers Casualty & Surety Co.District Court, S.D. Florida · 2009
19 more not listed; retrieve them via the Exa API.