Unpublished Disposition, 848 F.2d 1242 (9th Cir. 1988)
Annotate this CaseCLEMCO INDUSTRIES, a California general partnership,Plaintiff-Appellant,v.COMMERCIAL UNION INSURANCE CO., a Massachusetts corporation,Defendant- Appellee.
No. 87-2609.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted May 13, 1988.Decided May 25, 1988.
Before PREGERSON, BOOCHEVER and BEEZER, Circuit Judges.
ORDER
Clemco Industries sought a declaration that Commercial Union Insurance Corporation's refusal to defend was in bad faith. The district court held that Commercial Union's refusal was not in bad faith. Commercial Union furnished explanations that the district court could find plausible for Commercial Union's failure to adhere to a manifestation theory in all cases. In addition, there was evidence on which the district court could find that Clemco received adequate defense in cases in which Commercial Union failed to investigate dates of manifestation. The district court's holding was not clearly erroneous. See Hanson v. Prudential Ins. Co. of America, 783 F.2d 762, 766 and n. 1 (9th Cir. 1985). AFFIRMED.
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