Bank of San Pedro v. Forbes Westar, Inc.

ORDER

The opinion filed on April 13, 1995 is hereby withdrawn.

OPINION

Bank of San Pedro (the Bank) appeals from the grant by the district court of summary judgment in favor of Lloyd’s Underwriters and companies selling insurance on the London Insurance Market (the Insurers). We reverse the distinct court.

PROCEEDINGS

The Bank filed its complaint against the Insurers alleging breach of an insurance contract and various other claims in the Southern District of California on August 28, 1991. The Bank alleged jurisdiction based on diversity of citizenship. The defendants were the Insurers that underwrote the insurance on the London Market and the two brokers through whom the insurance was purchased, Forbes Westar, Inc. (Forbes), an insurance broker based in the State of Washington, and Ropner Insurance Services, Ltd. (Ropner), a London insurance broker qualified to do *275 business at Lloyd’s. The brokers took no part in this appeal; “defendants” herein refers to the Insurers.

The Bank, the owner of a ship, the Princess Louise, sought recovery for its loss. The Bank moved to strike the answer of the defendants on the ground that they had failed to comply with California…