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Lexington Insurance v. Travelers Indemnity Co. of Illinois

Citation: 21 F. App'x 585Docket: No. 00-15407; D.C. No. CV-98-03477 CRB/JCS

Court: Court of Appeals for the Ninth Circuit; September 11, 2001; Federal Appellate Court

Narrative Opinion Summary

This case involves a dispute between primary insurers, including Lexington Insurance Company, and several excess insurers, such as Commonwealth Insurance Company and Hartford Fire Insurance Company, over the insurance coverage for arson claims involving four courthouses in California. The primary insurers sought to treat the fires as a single occurrence, thereby limiting their payout to a single policy limit of $5 million under their terms. In contrast, the excess insurers argued that each fire should be considered a separate occurrence, requiring separate deductibles and potentially increasing their liability. The district court granted summary judgment in favor of the excess insurers, concluding that each fire constituted a distinct occurrence. The primary insurers appealed this decision, asserting that the fires should be aggregated due to the common scheme by the arsonist. However, the appellate court, applying California law and reviewing the contract de novo, affirmed the district court's decision, emphasizing that the policy language did not support the aggregation of the fires into a single occurrence. The decision highlights the importance of contract language in determining the scope of insurance coverage and the application of deductibles. The ruling is not published and cannot be cited as precedent, except under specific conditions outlined by Ninth Circuit rules.

Legal Issues Addressed

Application of Deductibles in Insurance Claims

Application: The court determined that separate deductibles apply to each fire as distinct occurrences, rejecting the argument for treating them as a single occurrence.

Reasoning: The excess insurers assert that each fire represents a separate occurrence based on policy language and intent, leading to multiple deductible applications.

Definition of Occurrence in Insurance Policies

Application: Each fire was considered a separate occurrence based on the interpretation of the insurance policy language and intent.

Reasoning: The district court ruled that each fire was a distinct occurrence.

Interpretation of Insurance Contracts under California Law

Application: The court interprets the insurance contract based on the intent of the parties, inferred from the contract's language and understood in its ordinary sense.

Reasoning: The interpretation of contracts is based on the intent of the parties, which is inferred from the contract's language and understood in its ordinary sense.

Jurisdiction for Appeal under 28 U.S.C. 1291

Application: The appeal was properly brought before the appellate court under the jurisdiction conferred by 28 U.S.C. 1291.

Reasoning: The jurisdiction for the appeal is established under 28 U.S.C. 1291 (2000), and the appellate court affirms the district court's decision.

Non-Publication of Judicial Dispositions

Application: The disposition is not for publication and cannot be cited in this circuit except as allowed by Ninth Circuit Rule 36-3.

Reasoning: The document specifies that this disposition is not for publication and cannot be cited in this circuit except as allowed by Ninth Circuit Rule 36-3.