Haggerty

MEMORANDUM ***

Appellant Michael Haggerty (“Haggerty”) appeals from an order granting summary judgment to Appellee Federal Insurance Company (“Federal”). Haggerty sued Federal when it rejected Haggerty’s tender of defense for an underlying lawsuit brought by Haggerty’s former employers, Travelways, Inc. (“Travelways”) and Stardust Executive Transportation, Inc. (“Stardust”). Because the facts are known to the parties, we cite them herein only as necessary.

*253 DISCUSSION

I. Arguments Raised For The First Time on Appeal.

This court will only review an issue that has been raised for the first time on appeal under certain narrow circumstances, one of which is when the issue is purely one of law that does not require a developed factual record. Marbled Murrelet v. Babbitt, 88 F.3d 1060, 1063-64 (9th Cir.1996). The decision to consider an issue not raised below is discretionary, and we do not address the issue if it would prejudice the other party. See Kimes v. Stone, 84 F.3d 1121,1126 (9th Cir.1996).

Haggerty’s arguments raised for the first time on appeal concern the purported ambiguity of the terms “under this coverage section” and the term “total assets,” as those terms are…