Lexington Insurance Company v. Kenneth W. Devaney

50 F.3d 15 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. LEXINGTON INSURANCE COMPANY, Plaintiff-Appellant, v. Kenneth W. DEVANEY, Defendant-Appellee. No. 93-16284 United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 16, 1995. Decided March 9, 1995. Before: FLETCHER, PREGERSON, and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Lexington Insurance Company appeals the district court's entry of summary judgment against it. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and affirm. 3 * Lexington argues that the district court erred when it determined, as a matter of law, that Lexington had not given sufficient notice to Summa of the new exclusion to the D & O policy excluding coverage for claims related to or arising out of the insolvency of the policyholder. 4 Under Allstate Co. v. Fibus, 855 F.2d 660 (9th Cir.1988), unless the notice of the reduction in coverage is "conspicuous, plain and clear," the "insurance company is bound by a greater…