Hartford

Dennis Produce, Inc. v. Hartford

Good Law
260 F. App'x 989
United States Court of Appeals for the Ninth CircuitDecember 26, 2007No. 06-55276California1,194 words

Opinion

Lead Opinion

MEMORANDUM *

Dennis Produce, Inc. (“Dennis Produce”) appeals the district court’s order granting Hartford Casualty Insurance Company (“Hartford”) summary judgment as to Dennis Produce’s claims for breach of contract and breach of the implied covenant of good faith and fair dealing. In granting Hartford’s motion for summary judgment, the district court held Hartford did not have a duty under its insurance contract to defend Dennis Produce in the underlying action brought by Bryan Distributing, Inc. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

In the underlying complaint, Bryan Distributing alleged Dennis Produce wrongfully convinced Jorge Stamatopulos Rodriguez (“Rodriguez”) to sell his 1999/2000 crop of produce to Dennis Produce instead of to Bryan Distributing, in violation of a longstanding oral agreement between Bryan Distributing and Rodriguez. Bryan Distributing further alleged that after Dennis Produce received “Bryan tomatoes” from Rodriguez, it mislabeled the boxes containing these tomatoes to avoid detection. The complaint alleged four common law causes of action against Dennis Produce: (1) intentional interference with contract; (2) intentional…

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