Atlantic Mutual Insurance Companies v. Bell Mortuary, Inc. Cyril Chern, and Philip Puritsky David Durant

19 F.3d 1439 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. ATLANTIC MUTUAL INSURANCE COMPANIES, Plaintiff-Appellees, v. BELL MORTUARY, INC.; Cyril Chern, Defendants-Appellants, and Philip Puritsky; David Durant, Defendants. No. 92-16016. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 6, 1993. Decided March 11, 1994. Before: TANG, TROTT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM, * 2 Bell Mortuary ("Bell") and Cyril Chern ("Chern") appeal the district court's declaratory judgment that Atlantic Mutual Insurance Company ("Atlantic") had no duty to defend them. They argue that Atlantic waived its right to assert noncoverage when it failed to specifically include that defense in its reservation of rights. Bell and Chern also contest the district court's finding that they were not covered under White's Mortuary's insurance policy, and the district court's reformation of the insurance policy deleting Bell and its corporate officers as named insureds.…