Estate of David Schwenke v. State Farm Fire and Casualty Company

48 F.3d 1227 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. ESTATE OF David SCHWENKE, Plaintiff-Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant-Appellee. No. 93-36156. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 12, 1995. Decided Feb. 27, 1995. 1 Before: WRIGHT and BRUNETTI, Circuit Judges, and GONZALEZ, * District Judge. 2 MEMORANDUM ** 3 The Estate of David Schwenke ("Estate") obtained a $3.6 million judgment against John Becktold in state court. The Estate then sued State Farm Fire & Casualty Co. ("State Farm"), contending that a $1 million general liability insurance policy belonging to Becktold's father also covered Becktold. Following a bench trial, the district court entered judgment for State Farm. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. I. Residence for Insurance Purposes 4 The central issue in this case was whether John Becktold was a "resident" of his parents' "household" at the time of the…