Aetna Cas. & Sur. Co. v. Allendale Mut. Ins. Co.

70 F.3d 1277 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. AETNA CASUALTY & SURETY COMPANY, Plaintiff-Counter-Defendant-Appellee, v. ALLENDALE MUTUAL INSURANCE CO., Defendant, and Affiliated FM Insurance Company, Defendant-Counter-Claimant-Appellant. No. 94-55437. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 18, 1995. Decided Nov. 24, 1995. 1 Before: HUG and LEAVY, Circuit Judges, and MUECKE, * District Judge. 2 MEMORANDUM ** 3 Affiliated appeals from the district court's entry of summary judgment in favor of Aetna in this removed diversity action, arguing that the district court erred by holding Affiliated liable for a claimed business interruption loss attributable to a cancelled event (viz., a baseball game) that was not scheduled to take place until after Affiliated's policy had terminated and Aetna's policy had taken effect. We affirm. 4 Notwithstanding the fact that the game in question was not scheduled to be played until after…