Fred J. Eder and Patricia Eder v. Allstate Insurance Company

60 F.3d 833 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Fred J. EDER and Patricia Eder, Plaintiffs-Appellants, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee. No. 93-17375. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 13, 1995. Decided July 7, 1995. Before: SCHROEDER, BEEZER and THOMPSON, Circuit Judges. 1 MEMORANDUM * 2 Fred and Patricia Eder appeal the district court's grant of summary judgment in favor of Allstate Insurance Co. ("Allstate") on the Eders' claims for breach of an umbrella personal liability policy ("umbrella policy"), bad faith denial of coverage and intentional misrepresentation. The Eders allege that Allstate was obligated to provide a defense to a suit brought by their former landlord alleging, in part, that the Eders had damaged the leased property. The district court held that the landlord's claims were contractual in nature, and were therefore outside the scope of the umbrella policy's coverage. We have…