Aetna Casualty and Surety Company, Inc. v. Philip L. Magno, and George E. Moore, Guardian Ad Litem Judy Ruth Mullin Pearl Severin George E. Moore, Administrator of the Estate of Dennis Ray Rigsby

35 F.3d 570 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. AETNA CASUALTY AND SURETY COMPANY, INC., Plaintiff-Appellee, v. Philip L. MAGNO, Defendant, and George E. Moore, Guardian Ad Litem; Judy Ruth Mullin; Pearl Severin; George E. Moore, Administrator of the Estate of Dennis Ray Rigsby, et al., Defendants-Appellants. Nos. 92-55346, 92-55347. United States Court of Appeals, Ninth Circuit. Submitted Sept. 2, 1993. * Decided Sept. 9, 1994. 1 Before: BRUNETTI, KOZINSKI and BOGGS ** Circuit Judges. 2 MEMORANDUM *** 3 Phillip Magno was insured by Aetna Casualty and Surety Company ("Aetna") under a basic apartment package policy. On August 6, 1984, six months after the insurance was taken out, Magno shot and killed Dennis Ray Rigsby at a hotel that Magno was in the process of purchasing. Rigsby's children secured a $120,000 judgment against Magno. While that suit was pending, Aetna filed the instant complaint in the United States District Court for the Central District of…