National Surety Corporation v. Tig Insurance Company

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS NOV 21 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

NATIONAL SURETY CORPORATION, No. 23-35575 an Illinois corporation

Plaintiff-Appellee, D.C. No. 3:21-cv-00266-HZ

v.

MEMORANDUM*

TIG INSURANCE COMPANY, a California corporation, FKA Transamerica Insurance Company,

Defendant-Appellant.

Appeal from the United States District Court for the District of Oregon Marco A. Hernandez, Chief District Judge, Presiding

Argued and Submitted October 22, 2024 Portland, Oregon

Before: HAMILTON,** VANDYKE, and H.A. THOMAS, Circuit Judges. Concurrence by Judge HAMILTON.

TIG Insurance Company (“TIG”) appeals the district court’s order granting

summary judgment and awarding prejudgment interest to National Surety

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable David F. Hamilton, United States Circuit Judge for the Court of Appeals, 7th Circuit, sitting by designation. Corporation (“National”). This court reviews de novo a district…