Twin City Fire Insurance Company v. King County, Washington

942 F.2d 794 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. TWIN CITY FIRE INSURANCE COMPANY, Plaintiff-Appellee, v. KING COUNTY, WASHINGTON, Defendant-Appellant. No. 90-35759. United States Court of Appeals, Ninth Circuit. Argued and submitted July 10, 1991. Decided Aug. 22, 1991. Before D.W. NELSON, NOONAN and THOMAS G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 King County appeals from the order of the district court granting Twin City Fire Insurance Company's motion for summary judgment. After de novo review of the grant of summary judgment, we affirm. 3 If the insurance policy language is clear and unambiguous, the court may not modify the contract or create an ambiguity where none exists. Morgan v. Prudential Ins. Co. of America, 86 Wash.2d 432, 435 , 545 P.2d 1193, 1195 (1976) (citations omitted). "A policy provision is ambiguous when, on its face, it is fairly susceptible to two different interpretations, both of which are reasonable." Id. (citations omitted). The…