Unigard Security Insurance Company v. Kansa General Insurance Company, a Foreign Corporation

42 F.3d 1402 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNIGARD SECURITY INSURANCE COMPANY, Plaintiff-Appellee, v. KANSA GENERAL INSURANCE COMPANY, a foreign corporation, Defendant-Appellant. No. 93-35008. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 2, 1994. Decided Dec. 7, 1994. Before: WRIGHT, SCHROEDER, and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 Unigard Security Insurance Company ("Unigard") brought this diversity action seeking to recover loss payments under a retrocessional reinsurance treaty from Kansa General Insurance Company ("Kansa"). Kansa raised various affirmative defenses and counterclaims. Following a bench trial, the district court ordered judgment for Unigard and dismissed Kansa's counterclaims with prejudice. Kansa appeals. I. 3 Kansa argues that the district court erred in concluding that Unigard did not breach its duty of utmost good faith. We need not decide the exact parameters of the duty of utmost good faith in…