Kienle v. Flack

416 F.2d 693 Howard R. KIENLE and Dora J. Kienle, his wife, Appellants, v. Alan Boud FLACK, an underwriter at Lloyds, London, on behalf of himself and all other Underwriters at Lloyds, London, Subscribing Certificate of Insurance No. 18201 issued by Voigt, Walker & Co., Inc., Appellee. No. 22465. United States Court of Appeals Ninth Circuit. August 28, 1969. Rehearing Denied October 6, 1969. Orvin H. Messegee (argued) and Jeremiah M. McCormick, Seattle, Wash., for appellant. Thomas S. Zilly (argued), of Lane, Powell, Moss & Miller, Seattle, Wash., for appellee. Before ELY and HUFSTEDLER, Circuit Judges, and WEIGEL, * District Judge. HUFSTEDLER, Circuit Judge: 1 Appellants, judgment creditors of an escrow agent, brought this action to recover the amount of their judgment against the escrow agent from the escrow agent's insurer, the appellee (Lloyds), which had written a professional errors and omissions policy for the escrow agent. From a judgment in favor of Lloyds, the judgment creditors appeal. Federal jurisdiction is based on diversity of citizenship. 2 Pacific Farwest Mortgage & Escrow Co. ("Pacific Farwest"), was the escrow agent handling the sale of real property…