96 Cal. Daily Op. Serv. 23, 96 Daily Journal D.A.R. 14 Jack B. Winters, Jr. v. State Farm Fire and Casualty Company State Farm General Insurance, and Does 1 to 25 Inclusive

73 F.3d 224 96 Cal. Daily Op. Serv. 23 , 96 Daily Journal D.A.R. 14 Jack B. WINTERS, Jr., Plaintiff-Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY; State Farm General Insurance, and Does 1 to 25 Inclusive, Defendants-Appellees. No. 93-56412. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1995. * Decided June 9, 1995. Order and Opinion Filed Dec. 29, 1995. 1 Robert E. Adams, Winters & Associates, San Diego, California, for plaintiff-appellant. 2 Stephen E. Smith, Ramsay, Johnson & Klunder, Irvine, California; Peter Abrahams and Holly R. Paul, Horvitz & Levy, Encino, California, for defendants-appellees. 3 Appeal from the United States District Court for the Southern District of California. 4 Before: BROWNING and BEEZER, Circuit Judges, and JONES, District Judge ** ORDER 5 The memorandum disposition filed June 9, 1995, is redesignated as an authored opinion by Judge Jones. The mandate has already issued in this matter and no petitions for rehearing will be entertained. OPINION ROBERT E. JONES, District Judge: 6 Plaintiff Jack Winters appeals the district court's entry of summary judgment in favor of defendant State Farm Fire & Casualty Company…