Diane M. Hendricks Kenneth A. Hendricks v. Bank of America, N.A., and Mutual Indemnity (Bermuda), Ltd., a Bermuda Corporation

Good Law
398 F.3d 1165·2005 WL 433600·56 U.C.C. Rep. Serv. 2d (West) 374·60 Fed. R. Serv. 3d 1137·2005 U.S. App. LEXIS 3284
United States Court of Appeals for the Ninth CircuitFebruary 25, 200503-55754California5,752 words

Opinion

Opinion

Wallace, J.

■Mutual Indemnity (Bermuda), Ltd., the defendant in the trial court (Mutual), appeals from a district court order enjoining co-defendant Bank of America, N.A. (Bank) from honoring Mutual’s efforts to draw down on a letter • of credit (LOC) posted by Diane and Kenneth Hendricks, the trial court plaintiffs (the Hendricks). We have jurisdiction to review the district court’s preliminary injunction order pursuant to 28 U.S.C. § 1292 (a)(1), and we affirm.

I.

The Hendricks own American Patriot Insurance Agency, Inc. (American Patriot), a company that specializes in providing insurance products to roofing contractors. In early 1997, the Hendricks established a commercial insurance program for workers compensation and other insurance coverages with underwriting assistance from Mutual Risk Management and its subsidiaries: Mutual, Legion Insurance Company, Commonwealth Risk Services, L.P., and Villanova Insurance Company (collectively, the Mutual Entities). Several contracts govern the relationship between American Patriot and the Mutual Entities, but only one is directly relevant here: a “shareholder agreement,” which entitles the Hendricks to reap certain profits and income generated…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.