City of Oakland v. National Union Fire Ins. Co. of Pittsburgh, Pa.

56 F.3d 70 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. The CITY OF OAKLAND, a municipal corporation, acting By and Through its BOARD OF PORT COMMISSIONERS, Plaintiff-Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Defendant-Appellee. No. 93-17184. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 8, 1995. Decided May 31, 1995. Before CUMMINGS, * SCHROEDER and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 The city of Oakland was sued by a developer named JLSI, for breach of, and tortious interference with, a lease option agreement. National refused to defend under its personal liability policy with the city. The city settled with the developer and then sued National in the present action claiming that National breached its duty to defend because the facts alleged by the developer supported a claim for "wrongful entry or eviction, or other invasion of the right of private occupancy," the closest offense covered by the policy. The…