Insurance Co. of the West v. General Reinsurance Corp.
Docket: No. 00-55609; D.C. No. CV-98-09022-MMM
Court: Court of Appeals for the Ninth Circuit; October 18, 2001; Federal Appellate Court
Insurance Company of the West (ICW) appeals a summary judgment favoring General Reinsurance Corporation in a case concerning the interpretation of a release agreement. The court affirms the district court's decision, agreeing that the release language is clear and unambiguous, and noting the presence of a merger clause that precludes consideration of extrinsic evidence of intent between the parties, both of whom are deemed sophisticated commercial entities. The court also supports the district court's conclusion that further discovery under Fed. R. Civ. P. 56(f) was unnecessary. The exception to the parol evidence rule for fraud or mistake is found not applicable; any potential mistake would be unilateral and could only lead to rescinding the entire agreement, which ICW did not pursue in its complaint for declaratory relief. The argument for rescission was not raised in the district court and was therefore waived. Additionally, the court confirms that enforcement of the contract is not unconscionable, as determined by the district court. The ruling is affirmed, and the disposition is designated as non-publishable, with citation restrictions under Ninth Circuit Rule 36-3.