Northern Assurance Company of America v. Carr

860 F.2d 934 The NORTHERN ASSURANCE COMPANY OF AMERICA, Plaintiff/Appellee, v. Floyd D. CARR, Steven G. Rhodes, and Mittie Beggs, as Administratrix of the Estate of Linda Carole (Rhodes) Carr, Deceased, Defendants/Appellants. No. 87-2086. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 14, 1988. Decided Nov. 3, 1988. Paul A. Welchans, Chain, Younger, Lemucchi, Noreiega, Cohn, Stiles & Rodriguez, Bakersfield, Cal., for defendants-appellants. James P. Wagoner and Philip M. Flanigan, McCormick, Barstow, Sheppard, Wayte & Carruth, Fresno, Cal., for plaintiff-appellee. Appeal from the United States District Court for the Eastern District of California. Before BOOCHEVER and NOONAN, Circuit Judges, and STEPHENS, * District Judge. NOONAN, Circuit Judge: 1 1 The Northern Assurance Company of America (Northern), a Massachusetts corporation, brought suit under 28 U.S.C. Sec. 1332 (a)(2) against Floyd D. Carr, Steven G. Rhodes, and Mittie Beggs as administratrix of the estate of Linda Carole Carr, seeking a declaration as to the existence of insurance coverage under a policy issued to Floyd D. Carr by Northern. The insured was involved in an automobile…