Stanewich

Donald Van Ort and his grandmother, Helen Van Ort (the Van Orts), appeal the district court’s grant of summary judgment to Blue Ridge Insurance Company (Blue Ridge). The district court held that Blue Ridge had no duty to indemnify or defend Kathy Stane-wich, administratrix of the Estate of Michael Stanewich, in the underlying civil rights/tort action brought by the Van Orts. We affirm.

BACKGROUND

The undisputed facts are as follows. In 1991, Michael Stanewich, a detective with the San Diego County Sheriffs Department, led a narcotics search of the Van Ort home. The officers did not find any illegal drugs or contraband. During the search, Stanewich learned that the Van Orts kept over $100,000 in cash and other valuables in a safe. Approximately a month later, Stanewich, wearing a stocking mask over his head and with his gun drawn, returned to the Van Ort home and forced his way into the house. Stane-wich pushed Donald Van Ort onto the kitchen floor, hog-tied him, placed a pillow ease over his head, and tied a rope around his head. Stanewich forced Helen Van Ort into a squatting position in the kitchen corner. Stanewich demanded that Donald Van Ort tell him the safe combination…