Fireman's Fund Ins. Companies v. King

77 F.3d 488 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. FIREMAN'S FUND INSURANCE COMPANIES, a California corporation, Plaintiff-Counterdefendant-Appellee, v. John M. KING, Sr., Defendant-Counterclaimant-Appellee. No. 94-17078. United States Court of Appeals, Ninth Circuit. Submitted Feb. 13, 1996. * Decided Feb. 21, 1996. 1 Before: BOOCHEVER and FERNANDEZ, Circuit Judges, and KELLEHER, District Judge. ** 2 MEMORANDUM *** 3 In this diversity action, John King appeals the district court's summary judgment granting Fireman's Fund's request for a declaratory judgment. The district court found that Fireman's Fund had no duty to pay King for items lost in a burglary because King had breached the insurance contract by failing to cooperate. We AFFIRM. I. Waiver of the cooperation clause 4 The Fireman's Fund policy contains a cooperation clause requiring the insured to provide records and documents requested by Fireman's Fund and to submit and swear to questions under oath.…