Edmark Auto, Inc. v. Zurich American Insurance Co.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 17 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

EDMARK AUTO, INC., an Idaho No. 21-35231 corporation; and CHALFANT CORP., an Idaho corporation, Case. No. 1:15-cv-00520-BLW

Plaintiffs-Appellees,

MEMORANDUM*

v.

ZURICH AMERICAN INSURANCE

COMPANY, a New York corporation; and

UNIVERSAL UNDERWRITERS SERVICE

CORPORATION, a Delaware corporation,

Defendants-Appellants.

Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, District Judge

Argued and Submitted March 7, 2022 Seattle, Washington

Before: NGUYEN, MILLER, and BUMATAY, Circuit Judges.

Idaho car dealership groups Edmark Auto, Inc. and Chalfant Corporation

(“Dealers”) filed an action against insurance companies Universal Underwriters

Service Corporation and Zurich American Insurance Company (“Zurich”), alleging

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. breach of contract, various tort and fraud theories, and unfair…