Lumberman's Mutual Insurance Company v. Home Capital Corporation Home Business Development

948 F.2d 1293 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. LUMBERMAN'S MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. HOME CAPITAL CORPORATION; Home Business Development, Defendants-Appellants. No. 90-56266. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 11, 1991. Decided Dec. 3, 1991. Before SCHROEDER, LEAVY and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Home Capital Corporation ("HCC") appeals the district court's grant of summary judgment in favor of Lumberman's Mutual Insurance Company ("LMIC") in LMIC's declaratory relief action. LMIC sought a declaration that there was no obligation owed under the policy and, therefore, it was entitled to recover its contribution of $167,500 in settlement of a San Diego County Superior Court action entitled Plaza Condominium Owners Assoc. v. Home Capital, No. 544248 ("Plaza action"). We have jurisdiction under 28 U.S.C. § 1291 and affirm the judgment of the district court. 3 HCC contends that the…