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National Union Fire Insurance Company of Pittsburgh, Pa. v. Kenneth R. Saunders, and Related Counter-Claim

Citations: 56 F.3d 72; 1995 U.S. App. LEXIS 19837; 1995 WL 325736Docket: 93-56497

Court: Court of Appeals for the Ninth Circuit; May 31, 1995; Federal Appellate Court

Narrative Opinion Summary

Kenneth R. Saunders appeals a judgment from the United States District Court for the Central District of California, which granted summary judgment in favor of National Union Fire Insurance Company of Pittsburgh, PA. The court ruled that National Union was entitled to $84,136.18, plus interest and costs, as the subrogee of certain promissory notes issued by Saunders. Additionally, the court dismissed Saunders' counterclaims against National Union. The Ninth Circuit reviewed the summary judgment de novo and affirmed the district court's decision, agreeing that the summary judgment was properly granted and that the counterclaims merely reiterated defenses against the summary judgment, warranting their dismissal. The judgment is affirmed, and the disposition is not for publication, limiting its citation under Ninth Circuit Rule 36-3.

Legal Issues Addressed

Counterclaims and Defenses in Summary Judgment

Application: Saunders' counterclaims were dismissed as they merely reiterated defenses against the summary judgment, underscoring that counterclaims must present new issues or facts.

Reasoning: The court dismissed Saunders' counterclaims against National Union, agreeing that the counterclaims merely reiterated defenses against the summary judgment, warranting their dismissal.

Publication and Citation of Judicial Dispositions

Application: The judgment is not for publication, and its citation is limited under Ninth Circuit Rule 36-3, reflecting the procedural rules on non-precedential opinions.

Reasoning: The judgment is affirmed, and the disposition is not for publication, limiting its citation under Ninth Circuit Rule 36-3.

Subrogation Rights of Insurance Companies

Application: The court recognized National Union Fire Insurance Company of Pittsburgh, PA, as entitled to recover $84,136.18 as the subrogee of the promissory notes, highlighting the enforceability of subrogation rights.

Reasoning: The court ruled that National Union was entitled to $84,136.18, plus interest and costs, as the subrogee of certain promissory notes issued by Saunders.

Summary Judgment Standards

Application: The Ninth Circuit reviewed the district court's grant of summary judgment de novo and affirmed the decision, indicating that the evidence presented did not show any genuine issue of material fact.

Reasoning: The Ninth Circuit reviewed the summary judgment de novo and affirmed the district court's decision, agreeing that the summary judgment was properly granted.