Alliance Insurance Company v. Michael Colella

995 F.2d 944 ALLIANCE INSURANCE COMPANY, Plaintiff-Cross-Claimant-Appellee, v. Michael COLELLA, Defendant, Alan Grahm; Robert Grahm; Sean F. Lee, and Associated International, Inc., Defendants-Cross-Claimants-Appellants. No. 91-56357. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 5, 1993. Decided June 18, 1993. As Amended on Denial of Rehearing and Rehearing En Banc Sept. 3, 1993. James S. Link, Pasadena, CA, for appellants. Douglas A. Greer, Keith A. Fink and Richard P. Towne, Cotkin & Collins, Los Angeles, CA, for appellee. Appeal from the United States District Court for the Central District of California. Before: FARRIS, NORRIS, and REINHARDT, Circuit Judges. PER CURIAM: 1 Alan Grahm appeals the district court's sua sponte grant of summary judgment in favor of Alliance Insurance Co. ("Alliance"), holding that Alliance was obligated neither to defend nor indemnify its insureds, Michael Colella, H.O.M. Inc., and Home Buying Co-Op ("H.B.C."), with respect to Grahm's state court action against the insureds. 2 Grahm argues, among other things, that summary judgment was improperly granted because there was a genuine issue of material fact as to…