Federal Insurance Company, Plaintiff-Counter-Defendant-Appellee v. The Learning Group International, Inc., Defendant-Counter-Claimant-Appellant

56 F.3d 71 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. FEDERAL INSURANCE COMPANY, Plaintiff-counter-defendant-Appellee, v. The LEARNING GROUP INTERNATIONAL, INC., Defendant-counter-claimant-Appellant. No. 93-56615. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 1, 1995. Decided May 19, 1995. 1 Before: BEEZER and TROTT, Circuit Judges, and BURNS, Senior District Judge. * 2 MEMORANDUM ** OVERVIEW 3 Federal Insurance Company ("Federal") brings this diversity action seeking a declaration that it had no duty to defend or indemnify the Learning Group International, Inc. ("Learning Group"), under a commercial insurance policy ("Primary Policy") and an excess umbrella policy ("Excess Policy") issued by Federal to the Learning Group. Federal declined the Learning Group's tender of an action to enforce a consent judgment filed against the Learning Tree by Learning Tree Open University and GSG Enterprises, Inc. (collectively "GSG"). The district court…