Peterson

MEMORANDUM **

Appellant Robert A. Peterson appeals from the district court’s grant of summary judgment. The appellant contends that the district court erred in concluding that no material issue of fact existed as to whether the Reliance Insurance Company (“Reliance”) incurred an obligation to pay the legal services provided by the appellant.

The standard of review on an appeal from a grant of summary judgment is de novo. See Botosan v. Paul McNally Realty, 216 F.3d 827, 830 (9th Cir.2000). The appellate court must determine, viewing the evidence in the light most favorable to the nonmoving party, whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law. See Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc).

A reasonable trier of fact could conclude that Reliance incurred a contractual obligation to pay for the services provided by the appellant. Reliance owed a duty to defend its insured. The duty to defend gives the insurer absolute right to control the defense and the insured is required to surrender all control over the defense. See Gribaldo, Jacobs, Jones & Assoc. v. Agrippina…