Chicago Insurance Company v. Ruben Cabigas Sonya Cabigas

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. CHICAGO INSURANCE COMPANY, Plaintiff-Appellee, v. Ruben CABIGAS; Sonya Cabigas, Defendants-Appellants. No. 93-16438. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 16, 1995. Decided March 13, 1995. Before: HUG, FARRIS and POOLE, Circuit Judges. 1 MEMORANDUM * 2 The Cabigases appeal the district court's judgment denying their claims for (1) coverage under an earthquake insurance policy and (2) breach of the duty of good faith and fair dealing. We have jurisdiction, 28 U.S.C. Sec. 1291 , and affirm. I. Causation 3 The district court instructed the jury to find the loss of the Cabigases' home covered if it concluded that earthquake was the "predominant" or "most important event in producing the loss." The instruction on causation established the elements to be proven at trial. We review de novo. Jenkins v. Union Pac. R.R., 22 F.3d 206, 210 (9th Cir.1994). 4 There was no objection to the…