Vandervert Construction, Inc. v. Allied World Specialty Insurance Company

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 19 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

VANDERVERT CONSTRUCTION, INC., No. 23-35248

Plaintiff-Appellant, D.C. No. 2:21-cv-00197-MKD

v.

MEMORANDUM*

ALLIED WORLD SPECIALTY

INSURANCE COMPANY, FKA Darwin National Assurance Company;

WESTCHESTER FIRE INSURANCE

COMPANY, a Pennsylvania Company,

Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of Washington Mary K. Dimke, District Judge, Presiding

Argued and Submitted September 10, 2024 Seattle, Washington

Before: GRABER and SUNG, Circuit Judges, and RAKOFF,** District Judge.

Plaintiff-Appellant Vandervert Construction, Inc. (“Vandervert”) appeals the

summary judgment entered in favor of Allied World Specialty Insurance Company

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Jed S. Rakoff, United States District Judge for the Southern District of New York, sitting by designation. and Westchester Fire Insurance Company…