New York Marine & General Ins. Co. v. Specialty Restaurants Corp.

74 F.3d 1246 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. NEW YORK MARINE & GENERAL INSURANCE COMPANY, Plaintiff, Counter-Defendant and Appellee, v. SPECIALTY RESTAURANTS CORPORATION, and Oakland Village Corporation, Defendants, Counter-Claimants, and Appellants No. 94-55636. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 14, 1995. Decided Jan. 19, 1996. Before: SCHROEDER, FERGUSON, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 New York Marine and General Insurance Company ("NYM") brought suit against Specialty Restaurants Corporation ("Specialty") seeking a declaratory judgment that NYM had no duty to defend or indemnify Specialty in an underlying lawsuit. Specialty counterclaimed against NYM, alleging that NYM was obligated to reimburse Specialty for claims paid by them to third parties. Specialty now appeals: 1) the district court's grant of partial summary judgment for New York Marine on the grounds that Specialty's Self-Insured…