Scottsdale Insurance Company, an Arizona Corporation, Plaintiff-Counter-Defendant-Appellant v. Weiss Engineering and Development, Inc., a California Corporation Bernard Weiss, Defendants-Counter-Claimants-Appellees

87 F.3d 1322 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. SCOTTSDALE INSURANCE COMPANY, an Arizona Corporation, Plaintiff-Counter-Defendant-Appellant, v. WEISS ENGINEERING AND DEVELOPMENT, INC., a California Corporation; Bernard Weiss, Defendants-Counter-Claimants-Appellees. No. 93-55365. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 8, 1996. Decided June 11, 1996. Before: CANBY, BOOCHEVER, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Scottsdale Insurance Company ("Scottsdale") sued Weiss Engineering and Development, Inc. and Bernard Weiss (collectively "Weiss"), seeking a declaration that claims asserted against Weiss and settled by Scottsdale were not covered under the terms of Weiss' liability insurance policy. Scottsdale sought reimbursement of the amount paid in settling those claims and all fees and costs incurred in defending Weiss. Weiss counterclaimed, asserting that Scottsdale had breached the contract of insurance and the implied…