Syufy Enterprises v. St. Paul Surplus Lines Ins. Co.

79 F.3d 1154 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. SYUFY ENTERPRISES, a California limited partnership; Raymond J. Syufy, individually and as general partner of Syufy Enterprises, Plaintiffs-Appellants, v. ST. PAUL SURPLUS LINES INSURANCE COMPANY, Defendant-Appellee. No. 94-16986. United States Court of Appeals, Ninth Circuit. Submitted March 12, 1996. * Decided March 14, 1996. 1 Before: HALL and BRUNETTI, Circuit Judges, and WEINER, ** District Judge. 2 MEMORANDUM *** 3 The appellee, St. Paul, provides general liability insurance for the appellants (collectively "Syufy"). The question presented is whether the district court erred in granting summary judgment for St. Paul, on the grounds that St. Paul owed Syufy no duty to defend in the underlying action according to the terms of their insurance contract. 4 The underlying action arose when Syufy began construction of an indoor theater complex on part of a site it leased to Story Road Flea Market, Inc. for use as…