Aetna Cas. & Sur. Co. v. Lindner

92 F.3d 1191 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. AETNA CASUALTY & SURETY COMPANY, Plaintiff-Counterdefendant, v. Carl LINDNER; Keith Lindner, Defendants-Counterclaimants-Appellants, v. The HARBOR INSURANCE COMPANY; the Continental Insurance Companies, Counter-Defendants-Appellees. No. 95-15170. United States Court of Appeals, Ninth Circuit. Submitted July 10, 1996. * Decided July 22, 1996. Before: CHOY, O'SCANNLAIN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 In 1984, Harbor Insurance Company ("Harbor") issued a "claims made" director-officer liability insurance policy ("Policy") to Carl and Keith Lindner ("Lindners"). In 1986, Donald Albrecht filed an action in state court against the Lindners, but did not serve them until 1988. The Lindners did not notify Harbor of Albrecht's law suit until 1989, years after the Policy had expired and only shortly before Albrecht amended his complaint to name the Lindners in their capacities as directors. 3 Harbor…