Evanston Insurance Company v. Tracee Portee Murphy

FILED

NOT FOR PUBLICATION

APR 11 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

EVANSTON INSURANCE COMPANY, No. 21-16116

Plaintiff-counter- D.C. No. 2:19-cv-04954-MTL defendant-Appellee,

v. MEMORANDUM*

TRACEE PORTEE MURPHY,

Defendant-counter-claimant- Appellant.

and

CHERELLE MURPHY; et al.,

Defendants,

Appeal from the United States District Court for the District of Arizona Michael T. Liburdi, District Judge, Presiding

Submitted April 7, 2022** Pasadena, California

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Before: MURGUIA, Chief Judge, and GRABER and BEA, Circuit Judges.

In this declaratory judgment action, the parties dispute whether a

commercial general liability (“CGL”) policy’s exclusion for injuries arising out of

assault and battery is enforceable. Defendant Tracey Portee Murphy’s husband

was shot…