Catlin Underwriting Agencies Ltd. v. San Diego Refrigerated Services, Inc.

MEMORANDUM

This appeal is an insurance coverage dispute between Plaintiff Catlin Underwriting Agencies Limited (“Catlin”) and Defendants San Diego Refrigerated Services, Inc., and Pla-Art International (“Pla-Art”). Catlin, a commercial insur- anee company in London, insured Pla-Art’s cold storage warehouse facilities in San Diego and National City, California. At issue is whether Catlin had a duty to defend an underlying state court lawsuit filed against Pla-Art by one of its customers. The district court granted summary judgment in Catlin’s favor, dismissed Pla-Art’s counterclaims with prejudice, and denied Pla-Art’s Rule 59(e) motion to alter or amend. We affirm.

We review de novo a district court’s grant of summary judgment on cross-motions for summary judgment, Travelers Prop. Cas. Co. of Am. v. ConocoPhillips Co., 546 F.3d 1142, 1145 (9th Cir.2008), and dismissal of counterclaims based on questions of law, see Qwest Corp. v. City of Surprise, 434 F.3d 1176, 1180 (9th Cir.2006). The denial of a Rule 59(e) motion to alter or amend the judgment is reviewed for abuse of discretion. Ta Chong Bank Ltd. v. Hitachi High Technologies America, Inc., 610 F.3d 1063, 1066 (9th…