Insurance Company of the West, Plaintiff-Counter-Defendant-Appellee v. Ohio Casualty Insurance Company, Defendant-Counter-Claimaint-Appellant

53 F.3d 338 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. INSURANCE COMPANY OF THE WEST, Plaintiff-Counter-Defendant-Appellee, v. OHIO CASUALTY INSURANCE COMPANY, Defendant-Counter-Claimaint-Appellant. No. 93-56580. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 5, 1995. Decided April 25, 1995. Before: D.W. NELSON, and CANBY, Circuit Judges, and TANNER, * District Judge. MEMORANDUM ** Ohio Casualty Insurance Company ("OCI") appeals from a district court judgment, following a bench trial, which denied OCI's request for a declaration that it was entitled to equitable indemnity from Insurance Company of the West ("ICW") for monies OCI paid in settlement of a claim in California state court. On appeal, OCI argues that the district court erred in interpreting California's law of equitable indemnity. ICW argues that OCI has waived its right to appeal the equitable indemnity claim by failing to raise it below. We have jurisdiction over this appeal…