General Accident Insurance Company of America Fremont Indemnity Co. v. Gibraltar Casualty Company

67 F.3d 306 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA; Fremont Indemnity Co., Plaintiffs-Appellants, v. GIBRALTAR CASUALTY COMPANY, Defendant-Appellee. No. 94-55476. United States Court of Appeals, Ninth Circuit. Submitted Sept. 14, 1995. * Decided Sept. 28, 1995. 1 Before: BROWNING and PREGERSON, Circuit Judges, and TANNER, ** District Judge. 2 MEMORANDUM *** 3 We affirm on the grounds stated by the district court. 4 The California notice-prejudice rule is not applicable to claims-made insurance policies. Burns v. International Ins. Co., 929 F.2d 1422, 1425 (9th Cir.1991). Accordingly, the Gibraltar claims-made policy is to be enforced according to its terms. The policy is not ambiguous. The only reasonable construction of its provisions, taken cumulatively, is that coverage is conditioned upon reporting within the policy period or any express extension, a condition that was not satisfied in this case. The language…