Indiana Ins. Co. v. Cigna Ins. Co.

39 F.3d 1187 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. INDIANA INSURANCE CO., Plaintiff-Appellant, and Epsilon Gamma Chapter and Foundation of Delta Tau Delta Fraternity at Washington State University; Foundation of Delta Tau Delta Fraternity at Washington State University, Plaintiffs, v. CIGNA INSURANCE CO., Defendant-Appellee. No. 93-35680. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 3, 1994. Decided Oct. 31, 1994. Before: WOOD, * HUG, and TANG, Circuit Judges. 1 MEMORANDUM ** 2 Indiana Insurance Company ("Indiana") brought this equitable subrogation suit against CIGNA Insurance Company ("Cigna") following the settlement of the Kuoppamaki lawsuit. The district court determined that Indiana failed to prove causation and granted Cigna's motion to dismiss pursuant to Fed.R.Civ.P. 52(c). We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 Under Washington law, the district court treated Indiana's bad-faith claim as a…