Brehm Communities v. Continental Ins. Co.

43 F.3d 1478 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. BREHM COMMUNITIES, a California corporation, Plaintiff-counter-defendant-Appellant, v. CONTINENTAL INSURANCE COMPANY, Defendant, and Gow & Hanna, Inc., a New York corporation, Defendant-Appellee. No. 93-55743. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 6, 1994. Decided Dec. 8, 1994. Before: FARRIS, POOLE and KOZINSKI, Circuit Judges. 1 MEMORANDUM * 2 The district court properly granted Continental's motion for summary judgment on Brehm's claims for reformation and declaratory relief. Based on the evidence presented, no reasonable juror could find that a request for broad form property damage/follow form coverage was communicated to either Gow & Hanna or Continental, or that either defendant knew or suspected that Brehm was requesting such coverage. We have found nothing in the submissions, quotations, binders or policies that indicates such a request was made, and Brehm…