American Mutual Liability Insurance Co. v. Goff

281 F.2d 689 AMERICAN MUTUAL LIABILITY INSURANCE CO., a Corporation, Appellant, v. Kathleen Ann GOFF, Charles T. Goff, Jr., and Bette Jo Goff, minors, by and through their Guardian Ad Litem, Charles T. Goff, and Charles T. Goff, Appellees. No. 16375. United States Court of Appeals Ninth Circuit. August 25, 1960. COPYRIGHT MATERIAL OMITTED Robert L. Lamb, Lamb & Hoge, San Francisco, Cal., for appellant. Hancock & Lundgren, Modesto, Cal., for appellees. Before POPE, HAMLEY and KOELSCH, Circuit Judges. KOELSCH, Circuit Judge. 1 This is an appeal by the American Mutual Liability Insurance Company from a declaratory judgment imposing liability on it under a professional liability insurance policy for any judgment obtained against the named insured, Dr. E. Vernon Ashley, in a then pending malpractice action filed in California Superior Court by the heirs of Bette Jo Goff, deceased. Judgment was eventually entered in the state court against the said insured in the amount of $75,932.00. The instant action was brought by the above heirs and the insured after appellant had withdrawn from Dr. Ashley's defense during the state trial and tendered notice of rescission of the policy. 1…