North River Insurance Company v. Sears, Roebuck & Company

974 F.2d 1343 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. NORTH RIVER INSURANCE COMPANY, Plaintiff-Appellee, v. SEARS, ROEBUCK & COMPANY, Defendant-Appellant. No. 91-16084. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 19, 1992. Decided Sept. 9, 1992. Appeal from the United States District Court for the Northern District of California; No. CV-89-20246-WAI, William A. Ingram, District Judge, Presiding. N.D.Cal. REVERSED. Before WIGGINS, O'SCANNLAIN and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Sears, Roebuck & Co. (Sears) appeals the district court's grant of summary judgment in favor of North River Insurance Company (North River). The district court found that coverage for an underlying products liability action against Sears was excluded under the North River policy. We have jurisdiction 1 and we reverse. STATEMENT OF CASE 3 North River brought this action seeking a declaratory judgment that it was not obligated under its insurance…