New Hampshire Insurance Company, Plaintiff-Appellant/cross-Appellee v. United States of America James Weatherford, Defendants-Appellees/cross-Appellants

92 F.3d 1193 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. NEW HAMPSHIRE INSURANCE COMPANY, Plaintiff-Appellant/Cross-Appellee, v. UNITED STATES of America; James Weatherford, Defendants-Appellees/Cross-Appellants. No. 95-55245, 95-55246. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 9, 1996. Decided Aug. 2, 1996. Before: GIBSON, * NOONAN, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Appellant/Cross-Appellee New Hampshire Insurance Company ("NHIC") filed this action seeking a declaration that it owed Appellee/Cross-Appellant United States no more coverage as an additional insured on its policy following a judgment against it in a prior Federal Tort Claims Act (FTCA) action. The United States counterclaimed for breach of the duty to defend, breach of the implied covenant of good faith and fair dealing, and punitive damages. The district court granted the United States' motion for summary judgment on the coverage issue and the breach of…