Continental Casualty Company v. The Home Insurance Company

980 F.2d 736 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 CASUALTY COMPANY, Plaintiff-Appellee, v. The HOME INSURANCE COMPANY, Defendant-Appellant. No. 91-35816. United States Court of Appeals, Ninth Circuit. Submitted Oct. 9, 1992. ** Decided Dec. 4, 1992. Before POOLE, FERNANDEZ and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 The Home Insurance Company (Home) appeals the district court's summary judgment that its "claims made" professional liability policy provided primary coverage, and a "claims made" policy issued by Continental Casualty Company (CNA) provided excess coverage. We reverse. BACKGROUND 3 CNA issued a professional liability policy on a claims made basis to the law firm of Lyon, Beaulaurier, Weigand, Suko and Gustafson (Lyon), which was effective from February 1, 1989 to February 1, 1990. Home provided claims made professional liability coverage which was effective from February 1, 1990 to February 1, 1991. Each policy had a $3,000,000 per…