James W. Fowler Co. v. Qbe Insurance Corporation

FILED

NOT FOR PUBLICATION

OCT 21 2021

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAMES W. FOWLER CO., an Oregon No. 20-35926 Company, D.C. No. 3:18-cv-01705-SI Plaintiff-Appellee,

v. MEMORANDUM*

QBE INSURANCE CORPORATION, a foreign insurance company,

Defendant-Appellant.

Appeal from the United States District Court for the District of Oregon Michael H. Simon, District Judge, Presiding

Argued and Submitted October 8, 2021 Portland, Oregon

Before: W. FLETCHER, IKUTA, and BRESS, Circuit Judges.

QBE Insurance Corporation (“QBE”) appeals from the district court’s order

granting summary judgment to James W. Fowler Co. (“Fowler”). We have

jurisdiction under 28 U.S.C. § 1291.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. The district court erred in granting summary judgment in favor of Fowler

because there is a genuine dispute of material fact as to whether Fowler suffered a

“direct physical loss,” for purposes of the insurance policy between Fowler and

QBE…