Garamendi v. Allstate Insurance Company

47 F.3d 350 63 USLW 2494 John GARAMENDI, Insurance Commissioner of the State of California, in his capacity as Liquidator of Mission Insurance Company, Mission National Insurance Company, Enterprise Insurance Company, Holland-America Insurance Company and Mission Reinsurance Corporation, as successor to Roxani Gillespie, Insurance Commissioner of the State of California, in her capacity as Liquidator of Mission Insurance Company, Mission National Insurance Company, Enterprise Insurance Company, Holland-America Insurance Company and Mission Reinsurance Corporation, Plaintiff-Appellee, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellant, and Insurance Company of North America, Defendant. No. 91-55855. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1993. Decided Feb. 2, 1995. Joseph D. Lee, Munger, Tolles & Olson, Los Angeles, CA, for defendant-appellant. Karl L. Rubinstein, Rubinstein & Perry, Los Angeles, CA, for plaintiff-appellee. Appeal from the United States District Court for the Central District of California. Before: FLETCHER, PREGERSON, and NORRIS, Circuit Judges. WILLIAM A. NORRIS, Circuit Judge: 1 This case presents two questions:…