Pietz v. Fireman's Fund Ins. Companies

21 F.3d 1115 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Edward PIETZ; Gloria Pietz, husband and wife; and E.P. Enterprises, a Delaware corporation, Plaintiffs-Appellants, v. FIREMAN'S FUND INSURANCE COMPANIES, a California corporation; National Casualty Company, a Michigan corporation, Defendants-Appellees. No. 92-36531. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 6, 1994. Decided April 6, 1994. 1 Before: POOLE and TROTT, Circuit Judges, and KING, District Judge. * 2 MEMORANDUM ** 3 Robert Berry sued Edward and Gloria Pietz and E.P. Enterprises ("the Pietzes") for claims arising out of a failed business relationship between them. The Pietzes then sued Fireman's Fund Insurance Companies and National Casualty Company ("the insurers") for indemnity and defense costs. The district court concluded that, as a matter of law, the insurers owed no duty to defend nor indemnify because Berry's injuries did not arise out of an "occurrence." The…