Legal Opinion

Allstate Insurance v. Breeden

Court of Appeals for the Ninth Circuit

Decided January 4, 2007No. Nos. 05-35159, 05-35171PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM *.

In this diversity matter, Allstate seeks a declaratory judgment that Ralph Breeden voided his fire insurance policy by misrepresenting the extent of his loss after a fire in his home. The District Court granted *657summary judgment to Allstate, and Breeden appealed. Because we find that there exist disputed issues of fact, we hold that summary judgment should have been denied. We reverse the District Court’s grant of summary judgment to the insurer, vacate the District Court’s other determinations, which were premised on the summary judgment grant, and remand for further proceedings,…

2Cases cited11 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  4. Milgard Tempering, Inc., Plaintiff-Appellee/cross-Appellant v. Selas Corporation of America, a Foreign Corporation, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Ninth Circuit · 1990
  5. Riley Hill General Contractor, Inc. v. Tandy Corp.Oregon Supreme Court · 1987

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3Cited by2 opinions

  1. Abbott v. State Farm General Ins. Co.District Court, E.D. California · 2022
  2. Marie Dumas v. State Farm Fire and Casualty CompanyDistrict Court, D. Oregon · 2026

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