Taft Telecommunications, Inc. Everything Electric, Inc. v. Transcontinental Insurance Company

56 F.3d 73 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. TAFT TELECOMMUNICATIONS, INC.; Everything Electric, Inc., Plaintiffs-Appellees, v. TRANSCONTINENTAL INSURANCE COMPANY, Defendant-Appellant. No. 93-56532. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 5, 1995. Decided June 2, 1995. Before: NOONAN, O'SCANNLAIN, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Transcontinental Insurance Company appeals from the district court's grant of summary judgment to Taft Telecommunications, Inc. Because we are persuaded that this appeal is moot, we do not reach the merits of Transcontinental's claim. 3 At issue in this action is Transcontinental's duty to defend its insured, Taft, in a suit filed against it by PacTel Mobile Access ("PacTel"). As the facts make clear, PacTel's suit against Taft ("Taft II") was consolidated with a separate suit that Taft had previously filed against PacTel ("Taft I"). Having so consolidated these actions, the California…