Phoenix Assur. Co. of New York v. D & K Trucking

33 F.3d 59 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. PHOENIX ASSURANCE CO. OF NEW YORK, a corporation doing business in Washington, Plaintiff-Appellee, v. D & K TRUCKING, formerly a business entity doing business in Washington; Willis Enterprises, Inc., its successor corporation doing business in Washington; Paul Willis, an individual, Defendants-Appellants. No. 93-35363. United States Court of Appeals, Ninth Circuit. Submitted Aug. 3, 1994. * Decided Aug. 10, 1994. Before: WRIGHT, KOZINSKI and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 A review of the extrinsic evidence presented by the parties unambiguously demonstrates that the log crane was not covered by the "additional acquired property" clause. That provision only covers property "similar" to property already insured under the policy. We conclude the log crane was manifestly dissimilar to the other types of equipment insured by Phoenix. 3 The district court correctly noted that, prior to purchasing the…