Petey Johnson v. Aetna Casualty & Surety Company

24 F.3d 247 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Petey JOHNSON, Plaintiff-Appellant, v. AETNA CASUALTY & SURETY COMPANY, Defendant-Appellee. No. 92-56545. United States Court of Appeals, Ninth Circuit. Submitted April 6, 1994. * Decided April 21, 1994. 1 Before: HALL, LEAVY and FERNANDEZ, Circuit Judges 2 MEMORANDUM ** 3 Petey Johnson appeals the entry of summary judgment denying her claim against Aetna Casualty & Surety Company for breach of the duty to defend. We affirm. BACKGROUND FACTS 4 Johnson was employed by Assured Content Restoration (Assured) and covered by employee health insurance issued by Reserve Life Insurance Company. A few months after Johnson was seriously injured, Reserve Life notified Assured that it was going to substantially increase the insurance premium. Assured chose to let the policy lapse. 5 Johnson sued Assured and Assured tendered the defense of the action to its general liability insurer, Aetna. Aetna denied coverage and…