Out West Restaurant Group, Inc v. Affiliated Fm Insurance Co

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 2 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

OUT WEST RESTAURANT GROUP, INC.; No. 21-15585

CERCA TROVA RESTAURANT GROUP,

INC.; CERCA TROVA STEAKHOUSE, D.C. No. 3:20-cv-06786-TSH

L.P.; CERCA TROVA SOUTHWEST

RESTAURANT GROUP, LLC,

MEMORANDUM*

Plaintiffs-Appellants,

v.

AFFILIATED FM INSURANCE

COMPANY,

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of California Thomas S. Hixson, Magistrate Judge, Presiding

Submitted August 31, 2022** San Francisco, California

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Before: W. FLETCHER and COLLINS, Circuit Judges, and FEINERMAN,*** District Judge.

Out West Restaurant Group, Inc. and three related entities (“Out West”) held

a commercial property insurance policy issued by Affiliated FM Insurance…