Schimmenti v. Travelers Ins. Co.

92 F.3d 1194 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John J. SCHIMMENTI; John J. Schimmenti, Inc., a professional corporation, Plaintiffs-Appellants, v. The TRAVELERS INSURANCE COMPANY, a corporation; Phoenix Insurance Company, a corporation, Defendants-Appellees. No. 94-56476. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 11, 1996. Decided July 31, 1996. 1 Before: SCHROEDER and LEAVY, Circuit Judges, and TRIMBLE, * District Judge. 2 MEMORANDUM ** 3 John J. Schimmenti and the law firm of John J. Schimmenti, Inc. (jointly, "Schimmenti"), appeal from the district court's entry of summary judgment in favor of The Phoenix Insurance Company ("Phoenix"), arguing that genuine issues of material fact exist with respect to Phoenix's obligation under a professional liability insurance policy ("Policy"), issued in 1976, to defend and indemnify Schimmenti in a malpractice action filed in 1990. We review de novo, see Rennick v. O.P.T.I.O.N. Care,…