Lawyers' Mutual Insurance Co., Plaintiff/counter-Defendant/appellant v. The Home Insurance Company, Defendant/counter-Claimant/appellee

94 F.3d 652 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. LAWYERS' MUTUAL INSURANCE CO., Plaintiff/Counter-Defendant/Appellant, v. The HOME INSURANCE COMPANY, Defendant/Counter-Claimant/Appellee. No. 95-15525. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 12, 1996. Decided Aug. 15, 1996. 1 Before: O'SCANNLAIN, LEAVY, Circuit Judges, and HUFF * , District Judge. 2 MEMORANDUM ** 3 The Lawyers' Mutual Insurance Company appeals the district court's order granting summary judgment in favor of The Home Insurance Company and denying summary judgment to Lawyers' Mutual Insurance Company. We have jurisdiction pursuant to 28 U.S.C. section 1291 . We affirm. 4 This court reviews a district court's grant of summary judgment de novo. Jesinger v. Nevada Federal Credit Union, 24 F.3d 1127, 1130 (9th Cir.1994). Viewing the evidence in the light most favorable to the nonmoving party, the court must determine whether any issues of material fact exist, and…