Hawes

MEMORANDUM *

James W. Hawes and J.W. Hawes Insurance Services (“Hawes”) appeal the district court’s summary judgment in favor of General Star Indemnity Company and General Star Management Company (“General Star”) in Hawes’ action for breach of contract and breach of the implied covenant of good faith and fair dealing. Hawes argues that, under its business errors and omissions liability insurance policy, General Star had a duty to provide coverage or a defense for Hawes in several actions that resulted from Hawes’ allegedly negligent placement of insurance on behalf of Hawes’ clients. General Star alleges that it was justified in denying coverage because Hawes failed to adhere to the notice requirements of the insurance policy and that the underlying claims were in any event excluded from coverage under the insolvency exclusion of the policy. The district court granted summary judgment on the grounds that Hawes’ notice to *734 General Star was inadequate. The court did not reach the issue of the insolvency exclusion, but we may affirm on any ground supported by the record. Franklin v. Terr, 201 F.3d 1098 , 1100 n. 2 (9th Cir.2000).

The insured has the initial burden of…