Rallod Transportation Company v. Continental Insurance Company

727 F.2d 851 RALLOD TRANSPORTATION COMPANY, a corporation; and Rallod International, Inc., a corporation, Plaintiffs-Appellants and Cross-Appellees, v. CONTINENTAL INSURANCE COMPANY, a corporation, Defendant-Appellee and Cross-Appellant. Nos. 82-4119, 82-4147. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 15, 1982. Decided March 6, 1984. James R. Walsh, Door, Cooper & Hays, San Francisco, Cal., for plaintiffs-appellants and cross-appellees. Larry D. Henson, Hothem & Henson, San Francisco, Cal., for defendant-appellee and cross-appellant. Appeal from the United States District Court for the Northern District of California. Before POOLE, BOOCHEVER, Circuit Judges, and McNICHOLS * , District Judge. POOLE, Circuit Judge: 1 In this diversity action, Rallod Transportation Company ("Rallod") sued its liability insurer, Continental Insurance Company ("Continental") because Continental denied liability and refused to grant coverage at a time when Rallod was threatened with legal actions with respect to the disbursement of freight monies claimed to be due and owing. The district court granted summary judgment to Continental. Rallod has appealed. We…