Unpublished Disposition, 899 F.2d 19 (9th Cir. 1990)Annotate this Case
Jack STAFFORD; Michael Pisanello; Ben Schmoutey; RichardP. Crane, Jr.; Charles R. Adkisson; Gregory E.Smith, Plaintiffs-Appellants,v.AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, and DoeI through X inclusive, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted Feb. 7, 1990.Decided March 21, 1990.
Before CHOY, DAVID R. THOMPSON and TROTT, Circuit Judges.
STANDARD OF REVIEW
This court reviews de novo a grant of summary judgment applying the same summary judgment test that governs the district court's decision. T.W. Elec. Serv., Inc. v. Pacific Elec. Contractors Ass'n, 809 F.2d 626, 630 (9th Cir. 1987). Fed. R. Civ. P. 56(c) provides:
The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
Illinois law governs the interpretation of the policy at issue. (CR 154). Under Illinois law, "the existence of coverage is an essential element of [the plaintiffs'] case, and [they have] the burden of proving that [their] loss falls within the terms of [the] policy." St. Michael's Orthodox Catholic Church v. Preferred Risk Mut. Ins. Co., 80 Ill,App.3d 829 (1980).
The district court found that to be insured under the International Fund's policy, the former trustees of the Southern Nevada Fund must show that they were predecessors of the International Fund's trustees. After a de novo review of the record, this court finds no evidence to support appellants' contention that they were predecessors of the International Fund's trustees. Therefore, the summary judgment of the district court is
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. Rule 36-3