Home Insurance Company v. Leavitt

429 F.2d 1276 HOME INSURANCE COMPANY, Inc., Appellee, v. Herbert LEAVITT, individually and as Administrator for the Estate of William Leavitt (Appellant), and Cripple Creek Resort, Inc., Appellants. No. 23526. United States Court of Appeals, Ninth Circuit. July 24, 1970. Millard F. Ingraham (argued), of Ingraham & Niewohner, Barry W. Jackson, of Jackson & Fenton, Fairbanks, Alaska, for appellant Leavitt. Robert A. Parrish, Fairbanks, Alaska, for appellant Cripple Creek Resort, Inc. Jerome I. Braun (argued), of Elke, Farella, Braun & Martel, Richard M. Bryan, San Francisco, Cal., for appellee. Before MADDEN, 1 Judge of the United States Court of Claims, and ELY and HUFSTEDLER, Circuit Judges. PER CURIAM. 1 Leavitt appeals from a judgment entered in favor of Home Insurance Company, Inc. ('Home'), after the district court granted Home's motion for summary judgment. 2 Home had written a comprehensive liability policy (general-automobile) in favor of its assured, Cripple Creek Resort, Inc. ('Cripple Creek'), sometime prior to May 3, 1964. It undertook to defend and to indemnify its assured under terms and conditions stated in the policy. On May 3, 1964, William Leavitt was…