Continental Re-Insurance Company v. Spanton

667 F.2d 1289 CONTINENTAL RE-INSURANCE COMPANY, a California corporation, formerly doing business as Pacific Insurance Company, a California corporation, Plaintiff-Appellant/Cross-Appellee, v. Vernon SPANTON and Betty Spanton, husband and wife, Defendants-Appellees/Cross-Appellants. Nos. 80-3362, 80-3379. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 3, 1981. Decided Feb. 16, 1982. 1 John Howard, Quane, Smith, Howard & Hull, Boise, Idaho, for Continental Re-Insurance Co. 2 Gary G. Jones, Rhoten, Rhoten & Speerstra, Salem, Or., for Vern spanton. 3 Appeal from the United States District Court for the District of Idaho. 4 Before GOODWIN and FLETCHER, Circuit Judges, and PANNER, * District Judge. PANNER, District Judge: OVERVIEW 5 Appellant Continental brought this action for declaratory judgment seeking a ruling that the Spantons breached the terms of the insurance policy issued to them by Continental, thereby excusing the insurer from performing under the insurance contract. The district court found no breach of the insurance contract by the Spantons. It further held that the dilatory tactics of Continental were so reprehensible as to justify an…