Construction Ind. v. Hartford Accident

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

TRUSTEES OF THE CONSTRUCTION 

INDUSTRY AND LABORERS

HEALTH AND WELFARE TRUST;

TRUSTEES OF THE CONSTRUCTION

INDUSTRY AND LABORERS JOINT

PENSION TRUST; TRUSTEES OF THE No. 04-16546 CONSTRUCTION INDUSTRY AND D.C. No.

LABORERS VACATION TRUST,

Plaintiffs-Appellees,  CV-98-1246-PMP

v. OPINION

HARTFORD FIRE INSURANCE

COMPANY; HARTFORD ACCIDENT

AND INDEMNITY COMPANY;

RICHARDSON CONSTRUCTION, INC.,

Defendants-Appellants.  Appeal from the United States District Court for the District of Nevada Philip M. Pro, District Judge, Presiding

Argued and Submitted May 15, 2006 Submission Withdrawn, May 8, 2007 Resubmitted July 10, 2009 San Francisco, California

Filed August 24, 2009

Before: Alex Kozinski, Chief Judge, Raymond C. Fisher, Circuit Judge, and Frederic Block,* District Judge.

*The Honorable Frederic Block, Senior United States District Judge for the Eastern District of New York, sitting by designation.

11657 11658 CONSTRUCTION INDUSTRY v. HARTFORD FIRE INS. Per Curiam Opinion 11660 CONSTRUCTION…