Peter C. Bennett v. The Phoenix Insurance Co.

50 F.3d 13 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Peter C. BENNETT, Plaintiff-Appellant, v. The PHOENIX INSURANCE CO., Defendant-Appellee. No. 92-55420. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 2, 1993. Decided March 6, 1995. Before: WALLACE, Chief Judge, * BRUNETTI and KOZINSKI, Circuit Judges. MEMORANDUM 1 In 1991, Bennett successfully defended a legal malpractice claim filed against him by Roberts. The claim arose from legal representation during 1971 through June 1976, when Bennett represented Roberts on some investment transactions, including the acquisition of a Los Angeles radio station. Subsequent to these events, Bennett obtained malpractice insurance with Phoenix Insurance Company (Phoenix) for a policy term of November 15, 1976, to March 3, 1977. Bennett argues that the Phoenix policy provided coverage, including the costs of Bennett's legal defense, for the Roberts lawsuit. Phoenix disagrees. 2 Bennett sued Phoenix in…