George GUIDOTTI, d/b/a G.J. Guidotti Co., Inc., Plaintiffs-Appellants
v.
ADMIRAL INSURANCE COMPANY, Insurance Corporation of America,
et al., Defendants-Appellees.

No. 89-15909.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted July 20, 1990.
Decided Aug. 16, 1990.

Before TANG and NOONAN, Circuit Judges, and CAROLYN R. DIMMICK*, District Judge.

MEMORANDUM**

George Guidotti appeals the district court's award of summary judgment in favor of Admiral Insurance Company. The district court below awarded summary judgment on the issue of whether Guidotti had cancelled his general liability insurance policy with Admiral prior to the accident for which he now seeks coverage. We reverse and remand.

A review of the record below demonstrates that there are outstanding issues of material fact that make summary judgment inappropriate. See, e.g., Bieghler v. Kleppe, 633 F.2d 531, 533 (9th.Cir.1980) (summary judgment only appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law). In particular, the following material facts remain unresolved: (1) whether there was a definite and unconditional revocation of the insurance contract by Guidotti, (2) whether Guidotti's attempts to cancel the insurance contract were conditioned upon the return of his $10,000 "non-refundable" deposit, (3) assuming that Guidotti properly canceled the insurance contract, when (and from whom) did Admiral Insurance Company receive notice of the cancellation, and (4) assuming that Guidotti properly canceled the insurance contract, when did this cancellation become effective.

The parties have also raised questions of coverage and unconscionability. These issues were not considered by the district court below and, in light of our decision to remand, we do not reach these issues at this time.

Accordingly, we REVERSE the district court's grant of summary judgment in favor of Admiral Insurance Company and REMAND for further proceedings.

REVERSED and REMANDED.