Mark R. Friedland Kittrich Corporation v. Liberty Mutual Insurance Company Liberty Mutual Fire Insurance Company

15 F.3d 1084 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mark R. FRIEDLAND; Kittrich Corporation, Plaintiffs-Appellants, v. Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company, Defendants-Appellees. No. 92-55741. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 1, 1993. Decided Jan. 5, 1994. As Amended March 29, 1994. Before: BROWNING, BEEZER and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Friedland and Kittrich Corporation (collectively "Friedland") challenge the district court's Rule 12(b)(6) dismissal of their complaint against Liberty Mutual Insurance Co. ("Liberty"). Friedland contends that the district court erred in concluding that the absence of an allegation of publication in the underlying complaint ("the Leberman action") provided grounds for dismissing its complaint alleging that Liberty breached its contractual duty to defend under the "personal injury" provisions of a CGL policy. Friedland also contends that it…