Bergen Brunswig Corp. v. Safety Mut. Cas. Corp.

985 F.2d 571 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. BERGEN BRUNSWIG CORPORATION, Plaintiff-Appellant, v. SAFETY MUTUAL CASUALTY CORPORATION; United National Insurance Company; Continental Ins. Co.; Liberty Mutual Insurance Company, Defendants-Appellees. No. 90-56140. United States Court of Appeals, Ninth Circuit. Argued Dec. 6, 1991. Submission Deferred Dec. 23, 1991. Resubmitted Jan. 15, 1993. Decided Jan. 28, 1993. Before PREGERSON, CANBY and RYMER, Circuit Judges. 1 MEMORANDUM * 2 The district court granted summary judgment to Liberty Mutual on Bergen Brunswig's claims for breach of contract, bad faith, and breach of fiduciary duty. Central to all of these claims was Bergen Brunswig's allegation that the insurance policy it had bought from Liberty Mutual obligated the insurer to defend and indemnify Bergen Brunswig in Steiner v. Bergen Brunswig, et al., Docket No. 86-6851 (C.D.Cal.1986), a class action alleging securities fraud and negligent misrepresentation.…