Continental Insurance v. Broadbent Mercantile Inc.

963 F.2d 378 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. CONTINENTAL INSURANCE, Plaintiff-Appellee, v. BROADBENT MERCANTILE INC. Defendant-Appellant No. 90-55864. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 10, 1991. Decided May 28, 1992. Before FLETCHER, D.W. NELSON and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 Continental Insurance Company (Continental) sought a declaratory injunction that it had no duty to pay for the defense or indemnify its insured, Broadbent Mercantile, Inc. (Broadbent), against a third party action that had been filed against Broadbent. The district court granted the declaratory judgment and ordered Broadbent to pay attorneys' fees. Broadbent appealed the award of attorneys' fees. We reverse. FACTS AND PROCEEDINGS BELOW: 3 Broadbent hauls freight as a common carrier. On September 5, 1986, Broadbent picked up a load of copper tubing from Hamilton Copper and Steel Corporation (Hamilton) for shipment from Gardena,…