Haggerty
Haggerty v. Federal Insurance
Opinion
Lead Opinion
MEMORANDUM **
Appellant Michael Haggerty (“Haggerty”) brought this action for declaratory relief against Appellee Travelers Indemnity Company of Illinois (“Travelers”) as well as against another insurer because each rejected Haggerty’s tender of defense for an action that Haggerty’s former employers Travelways, Inc. (“Travelways”) and Stardust Executive Transportation, Inc. (“Stardust”) brought against him. 1 As relevant here, the underlying lawsuit, filed in California state court (“State Court Action”), 2 alleged that Haggerty made defamatory statements against the interests of Travelways in breach of his contractual and fiduciary duties. The district court granted summary judgment to Travelers, finding no evidence that Haggerty had acted in an insured capacity while making the allegedly defamatory statements. Therefore, Travelers had no duty to defend.
We review the district court’s grant of summary judgment de novo and we affirm. See Newbery Corp. v. Fireman’s Fund Ins. Co., 95 F.3d 1392 , 1398 (9th Cir.1996). Because the parties are otherwise familiar with the facts, we need not recite them again.
DISCUSSION
1. Duty to Defend.