Groves

Groves v. State Farm Fire & Casualty Co.

Good Law
104 F. App'x 651
United States Court of Appeals for the Ninth CircuitAugust 10, 2004No. 03-35260. D.C. No. CV-02-02119-TSZCalifornia317 words

Opinion

Lead Opinion

MEMORANDUM ***

James and Mickey Groves appeal the district court’s entry of summary judgment. We affirm the district court.

*652 Neither the shipping nor the subsequent destruction of the computer equipment was an accident or otherwise performed unintentionally. Thus, there was no “occurrence” that would trigger coverage under the liability insurance policy. 1 Even if these events constituted an “occurrence,” the policy’s ownership exclusion applies because James Groves and his partner jointly owned the equipment.

Because we hold that the Groves are not entitled to insurance coverage, their bad faith claim necessarily fails. 3 The remainder of the Groves’ arguments are merit-less.

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

. Compare Dewitt Constr. Inc. v. Charter Oak Fire Ins. Co., 307 F.3d 1127, 1133 (9th Cir.2002) (holding that a subcontractor’s negligent acts were an "occurrence”), with Safeco Ins. Co. of Am. v. Butler, 118 Wash.2d 383 , 823 P.2d 499, 502, 509 (1992) (holding that intentionally shooting at a car was not an "occurrence,” even though…

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