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317 F.3d 938
Richard PECAROVICH, Plaintiff-Appellant,
v.
ALLSTATE INSURANCE COMPANY, Defendant-Appellee.No. 00-55400.
United States Court of Appeals, Ninth Circuit.
Submitted December 7, 2001.*
Filed October 31, 2002.
Amended January 28, 2003.
Robert S. Gerstein, Santa Monica, California; Paul S. Sigelman, Beverly Hills, California, for the plaintiff-appellant.
Peter H. Klee, Seth M. Friedman, Luce, Forward, Hamilton & Scripps, San Diego, California, for the defendant-appellee.
Appeal from the United States District Court for the Central District of California; Audrey B. Collins, District Judge, Presiding. D.C. No. CV 99-02129-ABC.
Before: BROWNING, REINHARDT, and TALLMAN, Circuit Judges.
ORDER
1Judge Browning votes to deny the Petition for Panel Rehearing and recommends denying the Petition for Rehearing En Banc. Judge Reinhardt votes to deny the Petition for Panel Rehearing and the Petition for Rehearing En Banc. Judge Tallman votes to grant the Petition for Panel Rehearing and the Petition for Rehearing En Banc.
2The Petition for Panel Rehearing and the Petition for Rehearing En Banc are DENIED. Allstate's Request for Judicial Notice is GRANTED.
3The opinion filed October 31, 2002 is amended. The amendment to the opinion is as follows:
4Add the following footnote to the end of the first sentence of the last paragraph on page 13:
11In its Petition for Rehearing, Allstate argues for the first time that it is precluded from waiving the proof of loss requirement by a guideline in the FEMA Flood Insurance Manual allowing waivers only for claims under $7,500. We do not decide this issue here.
5IT IS SO ORDERED.
Notes:
*The panel unanimously finds this case suitable for submission without oral argument pursuant to Fed. R.App. P. 34(a)(2)
Document Info
Docket Number: 00-55400
Citation Numbers: 317 F.3d 938
Judges: Browning, Reinhardt, Tallman
Filed Date: 1/28/2003
Precedential Status: Precedential
Modified Date: 8/5/2023