Sentry Select Insurance v. Fidelity & Guaranty Insurance

ORDER

The court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and record, and that the decisional process would not be significantly aided by oral argument.

Therefore, this matter is ordered submitted on the briefs and record without oral argument as of June 5, 2009. Fed. R.App. P. 34(a)(2).

MEMORANDUM **

We earlier issued an order, filed July 14, 2006, certifying to the Supreme Court of California the following question for which there was no clear controlling precedent in California’s judicial decisions:

Sentry Select Ins. Co. v. Fid. & Guar. Ins. Co., 455 F.3d 956 (9th Cir.2006). The Supreme Court of California accepted certification.

On May 4, 2009, the Supreme Court of California issued an opinion holding that the Fidelity & Guaranty Insurance Company (“Fidelity”) insurance policy issued to John’s Trucking, Inc. (“JTI”), for the leased semitrailers involved in the accident was excess to the Sentry Select Insurance *999 Company (“Sentry Select”) insurance policy issued to the driver, Richard Justice, even prior to a recent legislative change clarifying the relevant statutory text. 1 Sentry Select Ins. Co. v. Fid. &…