Strauss

Strauss v. Sheffield Insurance

Good Law
281 F. App'x 656
United States Court of Appeals for the Ninth CircuitMay 30, 2008No. 06-56708California393 words

Opinion

Lead Opinion

MEMORANDUM **

In this appeal, Westwind Group Holdings, Inc. and Westwind Management Company (collectively “Westwind”) as well as Michael Strauss (“Strauss”) challenge the district court’s August 23, 2006 order granting partial summary adjudication to Sheffield Insurance Corporation and AXIS Surplus Insurance Company (collectively “Sheffield” 1 ). Specifically, Strauss and Westwind challenge the district court’s determination that a letter they received dated February 12, 2003 was a claim first made outside the Sheffield policy period. They also contend that the district court erred in determining that Sheffield had no duty to defend a lawsuit filed in Delaware during the Sheffield policy period because the Delaware action and the February 12, 2003 letter were interrelated claims under the Sheffield policy. We have jurisdiction under 28 U.S.C. § 1291 and we reverse.

We review a grant or partial grant of summary adjudication de novo. See Fontana v. Haskin, 262 F.3d 871, 876 (9th Cir.2001).

The February 12, 2003 letter did not constitute a “claim” as defined under the policy because it did not seek “monetary damages” or “other relief.” The letter constituted a demand for money due…

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