W.H. Breshears, Inc. v. Federated Mutual Insurance Company

38 F.3d 1219 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. W.H. BRESHEARS, INC., Plaintiff-Appellant, v. FEDERATED MUTUAL INSURANCE COMPANY, Defendant-Appellee No. 93-15252. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 10, 1994. Decided Oct. 17, 1994. Before: CHOY, POOLE AND REINHARDT, Circuit Judges. 1 MEMORANDUM * 2 W.H. Breshears Inc. appeals the decision of the district court granting Federated Mutual Insurance Company's Rule 50 motion for judgment as a matter of law. We affirm the decision in part, reverse in part, and remand for retrial. Background 3 Plaintiff filed suit against Federated, alleging fraudulent misrepresentation and breach of contract, after Federated denied full coverage for liability stemming from a gasoline spill at plaintiff's facility that damaged the land of adjacent property owners. The district court ruled that plaintiff failed to prove all of the elements of its fraudulent misrepresentation claim and that the…