Evanston Insurance Company v. Westchester Surplus Lines Insu

Good Law
451 F. App'x 672
United States Court of Appeals for the Ninth CircuitOctober 3, 201110-36133California759 words

Opinion

Opinion

MEMORANDUM

American Guarantee & Liability Insurance Company (“American Guarantee”) appeals from the district court’s judgment, following a bench trial, in favor of West-chester Surplus Lines Insurance Company (“Westchester”) and Royal Insurance Company (“Royal”), in this “additional insured” insurance coverage dispute. The district court concluded that Northwest Tower Crane Services (“Northwest”), a subcontractor at a large construction site, did not enter into a contract requiring Northwest to add Bellevue Master LLC (“Bellevue Master”) as an additional insured on Northwest’s liability insurance policies. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse.

“We review the district court’s findings of fact after a bench trial for clear error and review the district court’s conclusions of law de novo.” Bertelsen v. Harris, 537 F.3d 1047, 1056 (9th Cir.2008). The interpretation of an insurance contract is a question of law that is reviewed de novo. Holden v. Farmers Ins. Co. of Wash., 169 Wash.2d 750 , 239 P.3d 344, 347 (2010) (citations omitted). The district court erred when it concluded that Northwest did not agree in a contract to make Bellevue Master an additional…

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