American Re-Insurance Company v. The Insurance Commissioner Of The State Of California

696 F.2d 1267 AMERICAN RE-INSURANCE COMPANY, Plaintiff-Appellee, v. The INSURANCE COMMISSIONER OF the STATE OF CALIFORNIA, etc., et al., Defendants, and Dr. Robert Watanabe and Rauel Sawyer, Defendants-Counterclaimants-Appellants. State of Nevada, Intervenor. No. 82-5335. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 8, 1982. Decided Jan. 21, 1983. Edward J. Horowitz, Law Offices of Ned Good, Law Offices of Samuel Shore, Los Angeles, Cal., for defendants-counterclaimants-appellants. John H. Brinsley, Martha Bannerman, Adams, Duque & Hazeltine, Los Angeles, Cal., for plaintiff-appellee. Franklin W. Nutter and Richard J. Brooks, Washingon, D.C., for amicus curiae. Appeal from the United States District Court for the Central District of California. Before WRIGHT, WALLACE, and ALARCON, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 American Re-Insurance Company sued for declaratory relief to clarify its liabilities as the reinsurer of the insolvent Imperial Insurance Company's policies. Defendant Imperial policyholder Dr. Watanabe counterclaimed, alleging that American breached a duty imposed upon insurers by the California Insurance Code to seek…