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m f UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
CIVIL APPEALS DOCKETING STATEMENT
PLEASE ATTACH ADDITIONAL PAGES IF NECESSARY.
TITLE IN FULL: DISTRICT: Ayizgng JUDGEiD&Vjd Cgn)pb€»}]
U-Haul International, Inc., et al. STRICT COURT NUMBER
2 Plaintiifs/Counter—Defendants, ‘ CIV 04*0662 PHX DGC
I DATE NOTICE OF APPEAL 4
FILED; IS THIS A CROSS—APPEAL‘? Q YES _
vs. June 2007
IF THIS MATTER HAS BEEN BEFORE THIS COURT PREVIOUSLY,
L¤111b€1‘m€¤S MUYUGI Casualty C01¤D8¤Y PLEASE Pnovme rua Docxer NUM BER AND CITATION (rr ANY):
Defendant/Connter—Plaintiff None I
’LBRIEF DESCRIPTION OF NATURE OF ACTION AND RESULT BELOW:
SEE ATTACHED SHEET.
PRINCIPAL ISSUES PROPOSED TO BE RAISED ON APPEAL: ‘
SEE ATTACI-TED SHEET.
PLEASE IDENTIFY ANY OTHER LEGAL PROCEEDING THAT MAY HAVE A BEARING ON THIS CASE (INCLUDE W
PENDING DISTRICT COURT POSTJUDGM ENT MOTIONS): _
Z N/A
DOES THIS APPEAL INVOLVE ANY OF THE FOLLOWING: ·
Possibility of settlement ·
Q Likelihood that intervening precedent will control outcome of appeal
Q Likelihood of a motion to expedite or to stay the appeal, or other procedural matters (Specify) ‘
Y
Any other information relevant to the inclusion of this case in the Mediation Program __
{lil ‘
El
Possibility parties would stipulate to binding award by Appellate Commissioner in 11eu of submission to judges
I LOWER COURT INFORMATION ‘ `
[Z Q I A A A A A ~
Case 2:04-cv-00662-DGC Document 206 Filed 06/25/2007 Page 1 of 4 I A
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DISTRICT COURT DYSRCSITION ·
FEDERAL APPELLATE TYPE OF JUDGMENT/ORDER APPEALBD
Q FEDERAL Q FINAL DECISION OF Q DEFAULT JUDGMENT IE DAMAGES:
. ~ _ QUESTION DISTRICT COURT SOUGHT S M
I ` Q DISMISSAL/JURISDICTION AWARDED S _[_Q58’j35_6Q
DIVERSITY Q INTERLOCUTORY Q DISMISSAL/MERITS Q INfUNCI‘IONS:
. - DECISION APPEALABLE
g D OTHER AS OF RIGHT IE SUMMARY JUDGMENT Q PRELIMINARY
(SPECIFY? LE JUDGMENT/COURT DECISION . I
— . Q TNTERLOOUTGRY ` Q PERMANENT ·
ORDER CERTIFIED BY D _TUD(;MEN·y/IURY VERDICT [3
DISTRICT JUDGE _ ·— G RED
. _ (SPECIFW Q DECLARATORY JUDGMENT ' Q_ DENIED
" Q JUDGMENT AS A MATTER OF LAW T I
1. Q OTHER {E A’I'I`ORNEY FEES; .
; . (SPECIFY): - OTHER
’ Orders on: AIIOFIIC}/Sr fees. Motion for AWARDED S 412,576.75
N __ Amended and Additional Findings,
I Motion for Ainendment of Judgment LQ. PENDING `
~ - and Motion for New Trial
4 - Q COSTS: S
-* ‘ ‘ CERTIFICATION OF COUNSEL
`TAICERTIPY THAT: `
1. COPIES OF ORDER/JUDGMENT APPEALED FROM ARE ATTACHED.
T Q `2. A CURRENT SERVICE LIST OR REPRESENTATION STATEMENT WITH TELEPHONE AND FAX NUMBERS IS ATTACHED (SEE 9TH
2 CTR RULE 3-2).
; e 3. A COPY OF THIS CIVIL APPEALS DOCKETING STATEMENT wAS SERVED IN COMPLIANCE WITH FRAP 25.
I T. .4. I UNDERSTAND THALPATLURE TO MPLSMPVIIH THESE FILING REQUIREMENTS MAY RESULT IN SANCTIONS,
··; · INCLUDING DISMIQSAL OF I/I ‘ ’ . »
H w;;.`~i,(_` Af j,;,;j(: W SI?
Signature Date
s COUNSEL WHO COMPLETED THIS FORM
NAME:
. FIRM: _
ADDRESS; I
EMAIL:
TELEPHONE:
Yiééiéi;
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‘ U 2 Of 4
‘ Case 2:04-cv-00662-DGC Document 206 Fnled 06/25/2007 Page
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
CIVIL APPEALS DOCKETING STATEMENT
U—Haul International, Inc., et al No. CIV O4~O662 PHX DGC
Plaintiffs/Counter—Defendants,
vs. (Assigned to the Honorable David G.
Campbell)
Lumbermens Mutual Casualty Company,
Defendant/Counter—Plaintiff
BRIEF DESCRIPTION OF NATURE OF ACTION AND RESULT BELOW:
This is an insurance coverage dispute between an excess carrier, Lumbermens Mutual Casualty
Company ("LMC") and another insurance company, Republic Western and its sister company U—Haul
Intemational, lnc. ("U-Haul"). Republic Western issued a number of primary policies to U—Haul.
Lumbermens issued excess policies to U-Haul, that apply, if at all, only alter the primary Republic
Western policy limits were exhausted by payments of judgments or settlements. The dispute arose
when Republic Western asserted that its policy limits could be exhausted by payments of defense
costs. LMC asserted that the Republic Western policies could not be exhausted by the defense costs,
and the Republic Western and U-Haul were estopped from asserting that position because U-Haul’s
agent, AON, had affirmatively represented that defense costs were payable in addition to Republic
Western’s policy limits.
PRINCIPAL ISSUES PROPOSED TO BE RAISED ON APPEAL:
(l) Whether the total limits ofthe Republic Western policies are reduced by payments of defense costs
and expenses ("loss adjustment expenses").
(2) Whether the Republic Western "products completed aggregate limits" include loss adjustment
expenses.
(3) Whether Plaintiffs are estopped from claiming that loss adjustment expenses costs are included
when determining the trigger point for Defendant’s policies due to their agent’s misrepresentations to
LMC. »
(4) Whether U—Haul is entitled to judgment where it proved no damages whatsoever.
(5) Whether Plaintiffs should have been awarded $412,5 76.75 in attorneys’ fees.
(6) Whether the Court erred in denying LMC’s Motion for Amended and Additional Findings, Motion
for Amendment of Judgment and Motion for New Trial.
Case 2:04-cv-00662-DGC Document 206 Filed 06/25/2007 Page 3 of 4
UNITED STATES COURT OF APPEALS FOR TI IE NINTH CIRCUIT
CIVIL APPEALS REPRESENTATION STATEMENT
Gerald Gaffaney, No. 003789
David J. Ouimette, No. 006423
Mariscal, Weeks, McIntyre & Friedlander, P.A.
2901 North Central, Suite 200
Phoenix, AZ 85012
Attorneys for Plainti1Ts/Counter-Defendants
Telephone (602) 285-5000
Facsimile (602) 285-5100
Bruce Friedman, (admitted pm haze vice)
Mark Fragner, (admitted pm haze vice)
Rubin, Fiorella & Friedman, LLP
292 Madison Avenue
New York, NY 10017
Attorneys for Plaintiffs/Counter-Defendants
Telephone (212) 953-2381
Facsimile (212) 953-2462
Wayne T. Gill, Esq.
WALTON LANTAFF SCIIROEDER & CARSON LLP
Southtrust Center
1700 Palm Beach Lakes Blvd., #700
West Palm Beach, FL 33401
Attorneys Tor Dcl`endant/Counter-PlaintiIT
Telephone (561) 689-6700
Facsimile (561)689-2647
Steven Plitt, Esq.
Daniel Maldonado, Esq.
KUNZ PI.ITT IIYLAND DEMLONG KLEIFIELD
3838 N. Central Ave., Suite 1500
Phoenix, A7 85012-1902
Attorneys for Defendant/Counter-P1aintiff
Telephone (602) 331-4600
Facsimile (602) 331-8600
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