Montana Insurance Guaranty Association v. Automobile Club Insurance Company

977 F.2d 590 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. MONTANA INSURANCE GUARANTY ASSOCIATION, Plaintiff-Appellant, v. AUTOMOBILE CLUB INSURANCE COMPANY, Defendant-Appellee. No. 91-35671. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 6, 1992. Decided Oct. 15, 1992. Before HUG, FLETCHER and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 The issue in this case is whether the insolvency of an insurer, occurring after the accident, qualifies the insured tortfeasor as an uninsured motorist under the terms of the victim's insurance policy. The district court found that it does not. The Montana Insurance Guaranty Association ("MIGA"), a statutorily-created entity that steps in to cover claimants who would otherwise suffer a loss due to the insolvency of an insurer, timely appeals from the summary judgment granted in favor of the claimant's insurance company, Automobile Club Insurance Company ("Auto Club"). 3 The district court's jurisdiction was based…