Stout

MEMORANDUM **

Plaintiff Damon Stout sued Defendant Gulf Underwriters Insurance Company in this diversity action alleging breach of an insurance contract and related claims. The insured under the policy was Magnum Entertainment Group, Inc. Plaintiff worked for Magnum as a composer and performer to create advertising jingles for *436 the Coca-Cola Company. After Magnum was involuntarily dissolved, Plaintiff sued it, alleging that Magnum had used his compositions without authorization, and obtained a default judgment. Magnum assigned its indemnity claims against Defendant to Plaintiff. In this action, Plaintiff claims that Defendant owes him the amount of the default judgment. The district court granted summary judgment to Defendant. On de novo review of this timely appeal, Dietrich v. John Ascuaga’s Nugget, 548 F.3d 892, 896 (9th Cir.2008), we affirm.

1. Plaintiffs complaints to Magnum did not amount to a “Claim” against Magnum as defined by the applicable insurance policy. Coverage applied to a copyright claim if, among other things, during the policy period the insured made a formal “demand or assertion of a legal right seeking Damages.” That did not occur. Plaintiff was seeking…