Sandia Han, Individually, as of the Estate of Swie Han v. State Farm Fire and Casualty Company

59 F.3d 175 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Sandia HAN, individually, as Executrix of the Estate of Swie Han, Plaintiff-Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant-Appellee. No. 93-17261. United States Court of Appeals, Ninth Circuit. Submitted June 13, 1995. * Decided June 20, 1995. Before: GOODWIN, FARRIS, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Plaintiffs appeal the district court's grant of summary judgment to State Farm. They contend that the district court erred in concluding that State Farm had no duty to defend them in an underlying state action. The district court had diversity jurisdiction under 28 U.S.C. Sec. 1332 . We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We affirm. BACKGROUND 3 In 1965 Daniel Leavitt sold a portion of his property in Moraga, California, to James Turre. The property retained by Turre included several wells. As part of the sale, Leavitt and Turre executed a Water Agreement, which provided…