Richard Wells and Terry Landau-Wells v. Cigna Insurance Company of North America

996 F.2d 1230 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard WELLS and Terry Landau-Wells, Plaintiffs-Appellants, v. CIGNA INSURANCE COMPANY OF NORTH AMERICA, Defendants-Appellees. No. 91-56374. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 8, 1993. Decided June 24, 1993. Before FARRIS, NORRIS and REINHARDT, Circuit Judges. 1 MEMORANDUM * 2 The Wellses appeal the district court's declaratory judgment that their Insurance Company of North America ("INA") homeowner's policy did not create a duty to defend or indemnify in the underlying action. The underlying action emanated from the Wellses' demand for demolition and actual demolition of certain improvements that Brown, a neighbor, had made to a lot recently purchased by the Wellses. We affirm the judgment of the district court. 3 I. Duty to Indemnify. 4 The district court held that INA had no duty to indemnify the Wellses on the ground that the acts which caused the alleged harm were…