James W. Coulter, Trustee v. State Farm Fire & Casualty Company

46 F.3d 1140 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James W. COULTER, Trustee, Plaintiff-Appellant v. STATE FARM FIRE & CASUALTY COMPANY Defendant-Appellee. No. 93-16203. United States Court of Appeals, Ninth Circuit. Submitted Dec. 15, 1994. * Decided Jan. 5, 1995. Before: SKOPIL, NORRIS and HALL, Circuit Judges. 1 MEMORANDUM ** 2 James W. Coulter, Chapter 11 Trustee for the Bankruptcy Estate of Gilbert Russell Cogar, Jr. ("Cogar"), appeals the district court's order granting summary judgment in favor of State Farm Fire and Casualty Company ("State Farm") and the denial of Cogar's motion for reconsideration. We affirm. 3 Appellant contends that State Farm is obligated to defend Cogar in an underlying state court action entitled Hoktiongtjoa v. Cogar because Hoktiongtjoa's suit potentially seeks damages for an "invasion of the right of private occupancy" within the meaning the relevant insurance policies. This argument is based on two portions of the Second…