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919 F2d 145 Scottsdale Insurance Company v. J Gunderson

919 F.2d 145

Unpublished Disposition

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

SCOTTSDALE INSURANCE COMPANY, Plaintiff-Appellee,
v.
Warren J. GUNDERSON, individually, and in his capacity as
Trustee of the Richard Smart Revocable Personal Trust,
Richard Smart, individually, and in his capacities as
Grantor and Trustee of the Richard Smart Revocable Personal
Trust, Gilliard Smart, in his capacity as Trustee of the
Richard Smart Personal Revocable Trust, Richard Hendricks,
in his capacity as Trustee of the Richard Smart Revocable
Personal Trust, Defendants-Appellants,
Industrial Indemnity, Defendant-Appellee.

No. 89-16560.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Nov. 7, 1990.
Decided Nov. 30, 1990.

Before SKOPIL, BEEZER and FERNANDEZ, Circuit Judges.

1

MEMORANDUM*

2

This is an appeal from summary judgments entered in favor of two insurance companies. The issue presented is whether the insurers had a duty to defend their policyholders in state court litigation arising out of the policyholders' actions as trustees. We conclude that the district court properly determined that there was no duty to defend since (1) the policy did not provide occurrence coverage for the intentional acts alleged in the underlying action, and (2) the pleadings in the underlying action did not raise a potential defamation claim. We affirm for the reasons given by the district court in its August 3, 1989, Order Granting Summary Judgment.

3

AFFIRMED.

*

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3