Nautilus Insurance Company v. Lexington Insurance Company; Doe

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
NAUTILUS INSURANCE COMPANY,
Plaintiff - Appellant,
v.
LEXINGTON INSURANCE COMPANY;
DOE DEFENDANTS 1-10,
Defendants - Appellees.
No. 10-17826
D.C. No. 1:09-cv-00537-DAE-
LEK
ORDER*
Appeal from the United States District Court
for the District of Hawaii
David A. Ezra, District Judge, Presiding
Submitted October 16, 2012 **
Honolulu, Hawaii
Before: REINHARDT, THOMAS, and PAEZ, Circuit Judges.
In light of the Supreme Court of Hawai’i’s decision addressing the certified
questions in this case, the district court’s order granting summary judgment to
Defendants-Appellees and denying summary judgment to Plaintiff-Appellant is
FILED
MAR 28 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

-- 1 of 2 --

VACATED. This case is REMANDED to the district court for further proceedings
consistent with the Supreme Court of Hawai’i’s decision in Nautilus Insurance Co.
v. Lexington Ins. Co., No. SCCQ-12-0000977, 2014 WL 560805 (Haw. Feb. 13,
2014).
Each party shall bear its own costs on this appeal.

-- 2 of 2 --