American Medical Response Northwest, Inc. v. Ace American Insurance

MEMORANDUM

American Medical Response, Inc. and American Medical Response Northwest, Inc. (collectively “AMR”), an ambulance service provider, appeal the district court’s summary judgment in favor of ACE Ins. Co. and National Union Fire Ins. Co. in AMR’s diversity insurance coverage action. We review de novo a district court’s grant of summary judgment, choice of law determinations, and underlying legal ques tions. Narayan v. EGL, Inc., 616 F.3d 895, 898-99 (9th Cir.2010). We view the evidence “in the light most favorable to the nonmoving party.” Id. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand.

This action arises out of the insurance companies’ denial of coverage to AMR in connection with fourteen underlying state court actions filed by third-party plaintiffs against AMR and its employee Lannie Haszard. Thus far, one case went to trial with a jury verdict in favor of the plaintiff; AMR has settled six of the suits; and the Oregon state court granted summary judgment to AMR in another seven cases, but they are each on appeal.

These third-party plaintiffs alleged Haszard improperly touched or sexually abused female ambulance passengers while they…