Cross

I. Background

Appellants were seriously injured in a motor-vehicle accident when

they were “T-boned” by another driver. The at-fault driver was covered by a State

Farm auto insurance policy with coverage limits of $1,000,000 for bodily injury.

Appellants’ damages exceeded the coverage limits under the State Farm policy, but

the parties settled for an undisclosed amount. Appellants held two insurance policies

at the time of the accident: (1) an auto insurance policy issued by United Financial

Casualty Company, which is a part of the Progressive Group of Insurance

Companies (the “Progressive Policy”); and (2) a personal umbrella liability policy,

issued by RLI (the “RLI Policy”).

1 The Complaint also brought suit against DOES 1-20. The parties did not make any arguments with respect to these defendants, and the district court’s order dismissing the case did not address them. Any argument about DOES 1–20 is therefore waived. See Freedom From Religion Found., Inc. v. Chino Valley Unified Sch. Dist. Bd. of Educ., 896 F.3d 1132, 1152 (9th Cir. 2018).

24-1539 A. The Progressive Policy The Progressive Policy provides underinsured motorist…