Michael Kremers v. Hagerty Insurance Agency, LLC

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 28 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHAEL KREMERS, No. 23-35209

Plaintiff-Appellant, D.C. No. 3:21-cv-01717-IM

v.

MEMORANDUM*

HAGERTY INSURANCE AGENCY, LLC;

ESSENTIA INSURANCE COMPANY,

Defendants-Appellees.

Appeal from the United States District Court for the District of Oregon Karin J. Immergut, District Judge, Presiding

Submitted October 23, 2024** Portland, Oregon

Before: LEE, VANDYKE, and H.A. THOMAS, Circuit Judges.

Oregon law mandates certain minimum coverage for uninsured motorists in

all motor vehicle liability insurance policies. Oregon Revised Statutes (“ORS”)

742.504(1)–(12). If a policy provides less favorable coverage than the statutory

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). model policy, Oregon courts invalidate the offending exclusion/provision and

require…