Legal Opinion
Manzarek v. St. Paul Fire & Marine Insurance
Court of Appeals for the Ninth Circuit
Decided March 25, 2008No. 06-55936PublishedCited by 1,915 opinions
1Opinion of the Court
OPINION
N.R. SMITH, Circuit Judge:
We hold that the district court erred by dismissing Raymond Manzarek’s and Doors Touring, Inc.’s (“DTI”) amended complaint because the underlying complaints raised at least the potential for coverage under the operative insurance policies. We further hold that the district court abused its discretion by not giving Manzarek and DTI an opportunity to amend their complaint. We have jurisdiction under 28 U.S.C. § 1291. We reverse and remand for further proceedings.
I. Background
A. Underlying Lawsuits
This insurance coverage and bad faith lawsuit arose out of two…
2Cases cited18 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Theodore C. Swartz v. Kpmg Llp, and Presidio Advisory Services Inc. Deutsche Bank Ag Deutsche Bank Securities, Inc.Court of Appeals for the Ninth Circuit · 2007
- Waller v. Truck Insurance Exchange, Inc.California Supreme Court · 1995
- Leadsinger, Inc. v. BMG Music PublishingCourt of Appeals for the Ninth Circuit · 2008
- Montrose Chemical Corp. v. Superior CourtCalifornia Supreme Court · 1993
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