Bitts v. General Accident Fire And Life Assurance Corporation

282 F.2d 542 Robert J. BITTS and Albert D. Bonell, Individually and Doing Business as Bonell Refrigeration Co., Appellants, v. GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION, Limited, a Corporation, Appellee. No. 16430. United States Court of Appeals Ninth Circuit. Aug. 16, 1960. Crist, Peters, Donegan & Brenner, Palo Alto, Cal., for appellants. Charles A. Legge, Bronson, Bronson & McKinnon, San Francisco, Cal., for appellee. Before BARNES, MERRILL and KOELSCH, Circuit Judges. MERRILL, Circuit Judge. 1 Appellant Bonell has instituted this action for declaratory relief to determine his rights under a general liability insurance policy issued by appellee. Appellant Bitts, alleging personal injuries resulting from the negligence of Bonell, brought suit against Bonell in the Superior Court for Santa Clara County, California. Appellee, after notice from Bonell, refused to defend on Bonell's behalf. The sole question involved is whether the injury to Bitts resulted from a hazard excluded from the coverage of the policy. Such was the holding of the District Court, which granted summary judgment in favor of appellee. Federal jurisdiction is founded upon div)rsity of…