Unpublished Disposition, 919 F.2d 145 (9th Cir. 1989)
Annotate this CaseSCOTTSDALE INSURANCE COMPANY, Plaintiff-Appellee,v.Warren J. GUNDERSON, individually, and in his capacity asTrustee of the Richard Smart Revocable Personal Trust,Richard Smart, individually, and in his capacities asGrantor and Trustee of the Richard Smart Revocable PersonalTrust, Gilliard Smart, in his capacity as Trustee of theRichard Smart Personal Revocable Trust, Richard Hendricks,in his capacity as Trustee of the Richard Smart RevocablePersonal Trust, Defendants-Appellants,Industrial Indemnity, Defendant-Appellee.
No. 89-16560.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted Nov. 7, 1990.Decided Nov. 30, 1990.
Before SKOPIL, BEEZER and FERNANDEZ, Circuit Judges.
MEMORANDUM*
This is an appeal from summary judgments entered in favor of two insurance companies. The issue presented is whether the insurers had a duty to defend their policyholders in state court litigation arising out of the policyholders' actions as trustees. We conclude that the district court properly determined that there was no duty to defend since (1) the policy did not provide occurrence coverage for the intentional acts alleged in the underlying action, and (2) the pleadings in the underlying action did not raise a potential defamation claim. We affirm for the reasons given by the district court in its August 3, 1989, Order Granting Summary Judgment.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3
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