Lawyers Title Insurance Corporation, a Virginia Corporation v. Honolulu Federal Savings and Loan Association, a Federal Savings and Loan Association

ORDER

Lawyers Title Insurance Corporation (Lawyers Title) has made a motion to clarify the opinion filed January 11, 1990, slip op. at 387 (9th Cir. Jan. 11, 1990), appearing in the advance sheets at 893 F.2d 1084 (9th Cir.1990). Lawyers Title asserts that the opinion precludes it from litigating issues of coverage that have not yet been litigated. Honolulu Federal Savings and Loan Association (Honfed) opposes Lawyers Title’s motion for various reasons.

Apparently part one of this bifurcated case had a narrower focus than we believed. Part one was to resolve only one of the possible legal arguments for precluding Honfed from recovering the losses it suffered as a consequence of the mechanic’s lien claims. Specifically, it was to determine whether there was an insurable loss under the policy. Part two would resolve any remaining issues, including other coverage issues.

Neither party provided a copy of the bifurcation order in its excerpts of record on appeal to this court. We thus relied on the district court’s findings of fact and conclusions of law from part one of the case, the summary judgment order from part two, and the parties’ briefs in determining what had been…