Eb Holdings II, Inc. v. Illinois National Insurance Company

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

EB HOLDINGS II, INC.; QXH II, No. 23-15556

INC.,

D.C. No. Plaintiffs-Appellants, 2:20-cv-02248- v. JCM-NJK

ILLINOIS NATIONAL INSURANCE

COMPANY; CONTINENTAL OPINION

CASUALTY COMPANY; FEDERAL

INSURANCE COMPANY,

Defendants-Appellees.

Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding

Argued and Submitted March 4, 2024 Las Vegas, Nevada

Filed July 29, 2024

Before: MILAN D. SMITH, JR., MARK J. BENNETT, and DANIEL P. COLLINS, Circuit Judges.

Opinion by Judge Milan D. Smith, Jr.; Concurrence by Judge Mark J. Bennett EB HOLDINGS II, INC. V. ILLINOIS NAT’L INSURANCE CO.

SUMMARY *

Choice of Law

The panel reversed the district court’s summary judgment in favor of insurers in a lawsuit filed by EB Holdings II, Inc. and QXH II, Inc. (together, the Insureds) seeking coverage for the legal fees and expenses they incurred to defend against another lawsuit in which they were accused of fraudulently inducing others to purchase notes backed by an interest in repayment of…