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| Allstate Ins. Co. v. Breeden, No. 05-35159, No. 05-35171,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 4, 2007, Filed
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Overview: Summary judgment was not appropriate where there were disputed issues of fact concerning the extent of an insured's misrepresentations of his claim under a fire insurance policy, whether the facts and representations were material, and whether the insurer relied on the representations that were made pursuant to Or. Rev. Stat. § 742.208.
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| Ancheta v. Gonzales, No. 03-73883,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 4, 2007, Filed
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Overview: Alien's petition for review was granted with regard to the denial of cancellation of removal because the IJ erred when she required the alien to make a heightened showing with regard to the request for cancellation of removal; therefore, the action was remanded for further proceeding consistent with the correct legal standard.
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| Hussien v. Gonzales, No. 05-71255, No. 05-72232,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 4, 2007, Filed
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Overview: Because the DHS failed to establish by clear, unequivocal and convincing evidence that an alien was inadmissible under 8 U.S.C.S. § 1182 for fraud concerning the concealment of a first marriage and divorce prior to marrying a U.S. citizen, and thus that he was removable, the court granted his petition for review and vacated an order of removal.
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| Medcalf v. Sonnen, No. 04-35949,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 4, 2007, Filed
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| Quach v. Cross, No. 04-56108,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 4, 2007, Filed
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Overview: Appellate court ordered a limited remand to the district court for its consideration of whether the decision should be certified as an appealable final judgment under Fed. R. Civ. P. 54(b) and the appellate court found that neither party would be prejudiced by a Rule 54(b) certification entered on limited remand.
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| Serv. Mgmt. Sys. v. Steadfast Ins. Co., Nos. 04-57019, 04-57104,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 4, 2007, Filed
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Overview: Although insured violated reporting requirements set forth in endorsement to occurrence insurance policy, notice-prejudice rule prevented insurer from asserting insured's breach of reporting requirements when insurer was not substantially prejudiced by breach. Thus, insurer had duty to defend and indemnify insured, and insurer breached contract.
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