NATIONAL AMERICAN INSURANCE COMPANY OF CALIFORNIA V UNDERWRITERS AT LLOYD’S LONDON

(1997) 6 Re LR 59

United States Court of Appeals 9th Circuit

Before Circuit Judge Beezer andCircuit Judge Trott and DistrictJudge Shubb*

Reinsurance - United States - Toxic waste litigation - Summary judgment obtained by reinsured against reinsurers, underwriters at Lloyd’s - Whether district court correctly determined (1) that reinsurers failed to raise genuine issue of material fact as to existence or terms of reinsurance certificate; (2) that there was no genuine dispute over whether certificate was in effect in 1964 - Whether underwriters had raised genuine issue of material fact whether there existed a custom or usage to “follow the settlements” at time certificates were made - Whether district court correctly found that underwriters delay constituted a waiver of any late notice defense they might have had.