Travelers Property Casualty Co v. Safeco Insurance Co. Of Illinois

MEMORANDUM

Safeco Insurance Company of Illinois (“Safeco”) appeals the district court’s grant of summary judgment to Travelers Property Casualty Company of America (“Travelers”) in Travelers’ action under California law seeking contribution from Safeco for the settlement and defense costs of an underlying wrongful death action against Daniel and Patricia Pondella, in their individual and trustee capacities. For the following reasons, we affirm the judgment of the district court.

Safeco did not argue in the district court that there was no coverage for the accident under the Safeco policies and understandably the district court did not expressly address that question. Issues not presented to the district court generally cannot be raised for the first time on appeal. United States v. Flores-Payon, 942 F.2d 556, 558 (9th Cir.1991). There is an exception, of course, when the district court commits plain error and an injustice may result. Id. In this case, the district court did not commit plain error.

Travelers met its prima facie burden as to coverage at summary judgment by showing that the Pondellas were named as defendants in the underlying action, both as individuals and as…