American States Insurance Company v. Crawley Construction, Inc.

5 F.3d 534 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. AMERICAN STATES INSURANCE COMPANY, Plaintiff-Appellee, v. CRAWLEY CONSTRUCTION, INC., Defendant-Appellant. No. 92-15404. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 14, 1993. Decided Sept. 2, 1993. Before: GOODWIN, HUG, and FLETCHER, Circuit Judges. 1 MEMORANDUM * 2 Appellant Crawley Construction, Inc. ("Crawley") appeals the district court's grant of summary judgment to American States Insurance Co. ("American States") in this action brought by American States seeking a declaration that it had no duty to defend Crawley in an underlying action arising out of a failed construction project. For the reasons set forth below, we affirm. FACTS AND PROCEDURAL HISTORY 3 Crawley was hired by E.H. Morrill Co. ("Morrill"), which was in turn retained by S.J. Amoroso Construction Co., Inc./Verrett Construction Co. ("Amoroso/Verrett"), to help install an underground fuel tank at a bus facility owned…