Traders State Bank of Poplar, Montana and Northeast Montana Bank Shares, Inc. v. United States Fidelity and Guaranty Company

978 F.2d 716 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. TRADERS STATE BANK OF POPLAR, MONTANA and Northeast Montana Bank Shares, Inc., Plaintiff-Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Defendant-Appellee. No. 91-35764. United States Court of Appeals, Ninth Circuit. Submitted Oct. 8, 1992. * Decided Oct. 26, 1992. Before TANG, PREGERSON and ALARCON, Circuit Judges. 1 MEMORANDUM ** 2 Appellants Traders State Bank of Poplar Montana and Northeast Montana Bank Shares, Inc. (collectively "the Bank") appeal from the district court's grant of summary judgment in favor of United States Fidelity and Guaranty Company ("USF & G"). USF & G brought this declaratory judgment action to obtain a declaration regarding whether it had a duty to defend the Bank in a state court action. The Bank asserts that the district court erred in holding that USF & G had no duty to defend the Bank because the factual allegations in Count II of the underlying complaint…