972 F.2d 1342 (9th Cir. 1992), 90-56133, State Farm Fire and Cas. Co. v. Bradford Nat. Life Ins. Co.

Docket Nº:90-56133.
Citation:972 F.2d 1342
Party Name:STATE FARM FIRE AND CASUALTY COMPANY, Plaintiff-counter-defendant-Appellee, v. BRADFORD NATIONAL LIFE INSURANCE COMPANY, Defendant, and Steven J. Stanwyck; Steven J. Stanwyck, A Professional Corporation Defined Benefit Pension Plan, Defendants-counter-claimants-Appellants.
Case Date:August 28, 1992
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 1342

972 F.2d 1342 (9th Cir. 1992)

STATE FARM FIRE AND CASUALTY COMPANY, Plaintiff-counter-defendant-Appellee,

v.

BRADFORD NATIONAL LIFE INSURANCE COMPANY, Defendant,

and

Steven J. Stanwyck; Steven J. Stanwyck, A Professional Corporation Defined Benefit Pension Plan, Defendants-counter-claimants-Appellants.

No. 90-56133.

United States Court of Appeals, Ninth Circuit

August 28, 1992

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Argued and Submitted Oct. 10, 1991.

Appeal from the United States District Court for the Central District of California, No. CV-89-3350-WPG; William P. Gray, Senior District Judge, Presiding.

C.D.Cal.

AFFIRMED.

Before FLETCHER, D.W. NELSON and BRUNETTI, Circuit Judges.

MEMORANDUM [*]

Steven J. Stanwyck appeals from a declaratory judgment in favor of State Farm Fire and Casualty Company. The district court found that insurance policies State Farm issued to Stanwyck did not provide coverage for any libel committed by Stanwyck. The district court also concluded that State Farm has no duty to defend Stanwyck in the libel suit. We affirm.

I

In 1986, State Farm issued a business office insurance policy to Stanwyck, an attorney. The parties agree that the policy, No. 92-62-9778-8 (the first policy), provided coverage for libel committed in connection with Stanwyck's business. That policy was in effect in early 1988 when Stanwyck began moving his business to a new office. He asked a State Farm agent to provide an endorsement to the first policy in order to extend coverage to the new office space. A State Farm representative told Stanwyck that State Farm would require him to obtain a new policy for the new office.

Stanwyck applied for the new policy and State Farm issued Policy No. 92-92-8980-8 (the second policy) in January, 1988. The new policy included an endorsement deleting coverage for personal injury including libel.

According to testimony that the district judge found credible, Stanwyck called a State Farm representative in March, 1988, to inquire about the endorsement removing personal injury coverage from the second policy. The representative explained that the second policy did not cover personal injury claims.

Later that year, either Stanwyck or someone in...

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