Rebecca O'Brien Ferguson v. State Farm Fire and Casualty Company

70 F.3d 119 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rebecca O'Brien FERGUSON, Plaintiff-Appellee, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant-Appellant. No. 94-36205. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 8, 1995. Decided Sept. 5, 1995. Before: HALL, WIGGINS, and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 State Farm Fire & Casualty Company ("State Farm") appeals from a summary judgment entered against it in favor of Rebecca O'Brien Ferguson, the assignee of its policyholder Barbara Babcock. The district court held that State Farm breached its duty to defend Babcock against a negligence claim brought by Ferguson who was injured while renting Babcock's house. State Farm argues that the district court erred in entering judgment for Ferguson because (1) Ferguson's complaint did not allege a potentially covered claim and (2) extrinsic evidence confirmed that Ferguson's claim fell within a policy exclusion. We reverse.…