Big Sur Waterbeds, Inc. v. Maryland Casualty Co. Northern Insurance Co. Of New York American Fire and Casualty Co., AKA Maryland Insurance

33 F.3d 58 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. BIG SUR WATERBEDS, INC., Plaintiff-Appellant, v. MARYLAND CASUALTY CO.; Northern Insurance Co. of New York; American Fire and Casualty Co., aka Maryland Insurance, Defendants-Appellees. No. 93-55491. United States Court of Appeals, Ninth Circuit. Submitted Aug. 5, 1994. * Decided Aug. 9, 1994. 1 Before: D.W. NELSON, and NOONAN, Circuit Judges, and KING ** , District Judge. 2 MEMORANDUM *** 3 Appellant Big Sur, a retailer of waterbeds and related products, was sued for infringement of a patent in an underlying action. Big Sur tendered the defense to its insurers, the appellees in this case, Maryland Casualty Company and its affiliates, Northern Insurance Company of New York and American General Fire and Casualty Company. The insurance companies accepted the tender but with a full reservation of rights. Big Sur then sued appellees for a declaration that the insurance companies owed Big Sur a defense based on the…