Carl Weissman & Sons, Inc. v. United States Fidelity & Guaranty Co.

977 F.2d 587 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. CARL WEISSMAN & SONS, INC., Plaintiff-Appellant, v. UNITED STATES FIDELITY & GUARANTY CO., Defendant-Appellee. No. 91-35776. United States Court of Appeals, Ninth Circuit. Submitted Oct. 9, 1992. * Decided Oct. 15, 1992. Before FARRIS, LEAVY and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Carl Weissman & Sons, Inc. ("Weissman") appeals the district court's grant of summary judgment in favor of United States Fidelity and Guaranty Company ("Fidelity") in Weissman's bad faith action. Following a state court judgment in favor of Weissman on a breach of contract action against his subcontractor, Boulevard Excavating, Inc. ("Boulevard"), Weissman filed action against Fidelity alleging, inter alia, that it breached the implied covenant of good faith and fair dealing by delaying payment on the bond it issued to Boulevard until Weissman had won the state court judgment. Upon a determination that Weissman's bad…