Northbrook Property and Cas. Ins. Co. v. Transamerica Ins. Co.

36 F.3d 1103 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. NORTHBROOK PROPERTY AND CASUALTY INSURANCE CO., an Illinois corporation, Plaintiff-Appellee, v. TRANSAMERICA INSURANCE COMPANY, a California corporation, Defendant, and Yuco Gin, Inc., an Arizona corporation, Defendant-Appellant. No. 93-15528. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 13, 1994. Decided Sept. 1, 1994. Before: CHOY, LEAVY, and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 I. Whether The Indemnity Provision Violated Arizona Public Policy 3 Yuco Gin argues that the indemnity provision violates Arizona's public policy. Following precedent, the Arizona Supreme Court recently held, in an en banc decision, that 4 where ... the agreement clearly and unequivocally indicates that one party is to be indemnified, regardless of whether or not that injury was caused in part by that party, indemnification is required notwithstanding the indemnitee's active negligence. 5 Washington…