Fdic as Receiver for Independence Bank, and Fulvio Dobrich v. Chubb Custom Insurance Co.

24 F.3d 245 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. FDIC as Receiver for INDEPENDENCE BANK, Plaintiff, and Fulvio Dobrich, Plaintiff-Appellant, v. CHUBB CUSTOM INSURANCE CO., Defendant-Appellee. No. 92-56412. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 9, 1994. Decided April 28, 1994. Before: WALLACE, Chief Judge, FARRIS and KLEINFELD, Circuit Judges. MEMORANDUM 1 Chubb Custom Insurance Co. (Chubb) issued primary and umbrella insurance policies covering Independence Bank and its officers. The bank and its chairman, Fulvio Dobrich, brought suit alleging that Chubb refused to defend or indemnify them against four wrongful termination lawsuits. Chubb moved for summary judgment. The FDIC, as receiver for the bank, stipulated to a dismissal of its suit, leaving Dobrich as the only plaintiff. 2 The district court granted summary judgment to Chubb. The only issue on appeal is whether Chubb had a duty under the umbrella policy to defend…