Mountain West Farm Bureau Mutual Insurance Company v. Kenneth Mitchell

48 F.3d 1228 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. MOUNTAIN WEST FARM BUREAU MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. Kenneth MITCHELL, Defendant-Appellee. Nos. 94-35049, 94-35080. 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 On cross-motions for summary judgment, the district court granted summary judgment for Kenneth Mitchell ("Mitchell"), finding coverage under the automobile policy but not the homeowner's policy. Mountain West Farm Bureau Mutual Insurance Company ("Farm Bureau") and Mitchell appeal the district court's order. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. I. STATEMENT OF FACTS 4 Farm Bureau brought this insurance coverage action against its insured, Mitchell. On May 14, 1992, Mitchell was involved in a welding accident which caused a fire and resulted in damage to…