Atain Specialty Insurance Comp v. Dignity Housing West, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 3 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ATAIN SPECIALTY INSURANCE No. 21-15127

COMPANY,

D.C. No. 3:19-cv-07296-LB Plaintiff-Appellee,

v. MEMORANDUM*

DIGNITY HOUSING WEST, INC., a California nonprofit corporation,

Defendant-Appellant.

Appeal from the United States District Court for the Northern District of California Laurel D. Beeler, Magistrate Judge, Presiding

Argued and Submitted November 18, 2021 San Francisco, California

Before: SCHROEDER, W. FLETCHER, and MILLER, Circuit Judges.

Dignity Housing West is a California nonprofit corporation that provides

low-income housing. Describing itself as a housing developer and listing its only

premises as 200 square feet of office space, it applied for and received a

commercial general liability insurance policy from Atain Specialty Insurance.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Though the application asked whether Dignity…