Hartford Fire Insurance Compan v. Westamerica Bank

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT APR 01 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

HARTFORD FIRE INSURANCE No. 11-16775

COMPANY,

D.C. No. 2:09-cv-02451-JAM- Plaintiff - Appellant, DAD

v.

MEMORANDUM*

WESTAMERICA BANK,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of California John A. Mendez, District Judge, Presiding

Argued and Submitted March 12, 2013 San Francisco, California

Before: FISHER, CALLAHAN and NGUYEN, Circuit Judges.

Hartford Fire Insurance Company appeals the district court’s grant of

summary judgment in favor of Westamerica Bank. We have jurisdiction under

U.S.C. § 1291, and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. 1. The district court properly determined that the set aside agreement

(Agreement) between Westamerica and Hartford, by its plain language, imposed

no obligation on Westamerica to ensure that construction work had been completed

before disbursing funds set aside…