Alliance Ins. Co. v. Colella

76 F.3d 384 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. ALLIANCE INSURANCE COMPANY, Plaintiff-cross-defendant-Appellee, v. Michael COLELLA, Defendant, and Alan Grahm; Robert Grahm; Sean F. Lee; Associated International, Inc., Defendants-cross-claimants-Appellants. No. 94-55466. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 17, 1995. Decided Jan. 24, 1996. Before: HALL, and NOONAN, Circuit Judges, and PRO, District Judge. * MEMORANDUM ** This action arose out of litigation by the Grahms against Harold Goldstein and parties insured by Alliance Insurance Company. On July 9, 1991, the district court granted summary judgment sua sponte in favor of Alliance, holding that Alliance was not obligated to defend or indemnify its insureds Michael Colella, H.O.M. Inc., and Home Buying Co-op, with respect to Grahms' state court action against the insureds. In Alliance Ins. Co. v. Colella, 995 F.2d 944 (9th Cir.1993) ("Alliance I "), we reversed the…