Foremost Ins. Co. v. Fick

19 F.3d 1440 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. FOREMOST INSURANCE COMPANY, a Michigan Corporation, Plaintiff-counter-defendant-appellee, v. Gerald FICK, Defendant-counter-plaintiff-appellant, American Bankers Insurance Company, Counter-defendant-appellee. No. 92-55659. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 8, 1993. Decided March 11, 1994. Before: TANG, D.W. NELSON, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Gerald Fick ("Fick") appeals the district court's declaratory judgment in favor of Foremost Insurance Company and American Bankers Insurance Company (collectively "his insurers") holding that Fick failed to prove that his insurers had a duty to indemnify him for any of the sum that he contributed to his settlement. Fick also appeals the district court's denial of leave to amend his cross-complaint to include a claim for a breach of the implied covenant of good faith and fair dealing. We affirm. I. 3 In a previous appeal…