Court of Appeals for the Ninth Circuit March 6, 2007, 06-17367 (Progressive West v. Preciado)

FILED

FOR PUBLICATION MAR 06 2007

CATHY A. CATTERSON, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PROGRESSIVE WEST INSURANCE No. 06-17367

COMPANY,

D.C. No. CV-06-01785-FCD

Plaintiff - Appellant,

v. OPINION

SIMON H. PRECIADO,

Defendant - Appellee.

Appeal from the United States District Court

for the Eastern District of California

Frank C.