Standard Insurance Company v. John Morrison

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

STANDARD INSURANCE COMPANY, 

Plaintiff-Appellant, No. 08-35246 v. JOHN MORRISON, State Auditor, ex  D.C. No. 06-CV-00047-DWM officio Commissioner of

OPINION

Insurance, Defendant-Appellee.  Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding

Argued and Submitted June 3, 2009—Portland, Oregon

Filed October 27, 2009

Before: Alfred T. Goodwin, Diarmuid F. O’Scannlain, and Raymond C. Fisher, Circuit Judges.

Opinion by Judge O’Scannlain

14365 14368 STANDARD INSURANCE CO. v. MORRISON

COUNSEL

Meir Feder, Jones Day, LLP, New York, New York, argued the cause for the plaintiff-appellant and filed the briefs. Phineas E. Leahey, Shawn Hanson, Katherine Ritchey, and Lara Kollios were also on the briefs.

James G. Hunt, Hunt Law Firm, Helena, Montana, argued the cause for the defendant-appellee and filed the briefs.

Jeremiah J. Morgan, Bryan Cave, LLP, Kansas City, Mis- souri, filed a brief on behalf of amici curiae National Associa- tion of Insurance Commissioners.

Mary Ellen Signorille, AARP Foundation Litigation,…