Ian David McAuslin Underwriter at Lloyd's of London v. Federated Mutual Insurance Company, a Minnesota Corporation

70 F.3d 1279 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ian David McAUSLIN, Underwriter at Lloyd's of London, Plaintiff-Appellant, v. FEDERATED MUTUAL INSURANCE COMPANY, a Minnesota corporation, Defendant-Appellee. No. 94-15309. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 18, 1995. Decided Nov. 30, 1995. MEMORANDUM * 1 Before: GOODWIN and HAWKINS, Circuit Judges, and FITZGERALD, Senior District Judge. 1 2 McAuslin, a Lloyds "name", appeals the summary judgment in favor of Federated Mutual Insurance Company in a contest between insurers arising when certain logging machinery was covered under separate policies insuring the owner and the lessee against loss or damage. The district court concluded that the indemnification provisions in the lease agreements between the owner and the lessee control. We affirm. 3 The indemnification provisions require McAuslin's insured to indemnify Federated's insured for damage to logging machines that were…