Manus

Manus v. Ranger Insurance

Good Law
142 F. App'x 280
United States Court of Appeals for the Ninth CircuitJuly 5, 2005No. 03-55551California1,363 words

Opinion

Lead Opinion

Cyril Manus, Jerry Brown, Tyler Ma-nus, and JV Company (collectively “JV’) appeal the district court’s grant of summary judgment in favor of Ranger Insurance Company (“Ranger”), holding Ranger had neither the duty to defend nor to indemnify under the comprehensive general liability and umbrella policies (“policies”) Ranger issued to them. The policies provide coverage for “ ‘bodily injury’ or ‘property damage’ ” caused by an “occurrence.”

A civil complaint filed by the County of San Bernadino charged JV, nine named individual and corporate defendants, and up to 200 Doe defendants with dumping waste materials at an illegal dump site. The complaint alleged five causes of action, including one for damages resulting from a fire caused by spontaneous combustion of materials dumped by JV and others. Ranger refused to defend JV. JV reached *281 a settlement with the County of San Bernadino and brings this action for breach of the insurance contract and of the duty of good faith and fair dealing.

I. Duty to Defend

We disagree with the district court’s conclusion that there was no duty to defend in the underlying action because the fire was the direct and immediate result of intentional…

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