David Diamond Jacqueline Diamond v. Allstate Insurance Company

91 F.3d 151 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David DIAMOND; Jacqueline Diamond, Plaintiffs-Appellants, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee. No. 94-56763. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 8, 1996. Decided June 28, 1996. Before: HALL, O'SCANNLAIN and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Appellants, David and Jacqueline Diamond, argue that Allstate was not entitled to judgment notwithstanding the verdict, because it failed to bring a Rule 50(b) motion for judgment as a matter of law at the conclusion of all the evidence. The argument is misplaced, because Allstate neither sought nor obtained a judgment notwithstanding the verdict. 3 The judgment was consistent with and compelled by the verdict. The verdict determined that Allstate breached its policy, damaged the Diamonds as of April 15, 1991, and the Diamonds knew about it April 15, 1991. Based on that verdict, the magistrate judge determined that…