Krieger

Todd Zweig appeals the district court’s entry of summary judgment in a declaratory judgment action brought by American Casualty Company. The district court held that the insurance company had no duty to indemnify or defend Zweig in a tort action stemming from a bungee jumping accident. We affirm in part and reverse in part.

FACTS

Todd Zweig (“Zweig”) did business as Playscool Productions, which promoted and produced “roaming nightclub” events in San Diego County, including an annual major event known as “Playscool” and held at the San Diego Sports Arena. Live bands, disc jockeys, fashion shows and other entertainment appeared at Playscool.

In 1992, George Krieger (“Krieger”), who promoted and staged bungee jumping demonstrations, contacted Zweig about performing at the Sixth Annual Playscool. Zweig agreed on the condition that he be named as an “additional insured” under Krieger’s insurance policy.

Krieger was insured by American Casualty Company of Reading, Pennsylvania (“American Casualty”) under a general liability policy. Krieger’s insurance broker, Charles Morton, president of Sports and Entertainment Insurance Services (“SEIS”), procured insurance through American…