Insurance Co. of North America v. Hilton Hotels U.S.A

Good Law
110 F.3d 715·97 Daily Journal DAR 4586·1997 U.S. App. LEXIS 6332·97 Cal. Daily Op. Serv. 2541
United States Court of Appeals for the Ninth CircuitApril 4, 1997No. 96-16314California384 words

Opinion

Lead Opinion

As explained in the district court’s published order, Insurance Co. of N. America v. Hilton Hotels U.S.A., 908 F.Supp. 809 (D.Nev.1995), this case arises from the Tail-hook conventions held for Naval Aviators at the Las Vegas Hilton Hotel in Las Vegas, Nevada in September 1990 and September 1991. Twelve actions were filed in Nevada federal and state court against Hilton Hotels U.S.A., Inc., Hilton Hotels Corp., Hilton *716 Gaming Corp. (formerly Hilton Nevada Corp.), and Las Vegas Hilton Corp. (collectively “Hilton”) and the Tailhook Association (“Tailhook”) arising from claims that women were sexually assaulted during these conventions. Each of the claimants alleged that some or all of the Hilton defendants were liable for failing to exercise due care in providing reasonable precautions and/or adequate security to prevent the occurrence of the alleged assaults. Id. at 812 .

Insurance Company of North America (“INA”) issued a policy of liability insurance (the “Tailhook Policy”), to Tailhook, which covered the period from May 6,1990 through May 6, 1992. The policy defined an “insured” as follows:

Hilton sought coverage from INA arguing that Hilton was Tailhook’s “real estate…

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