Cecilia Gregorio v. Geico General Insurance Company

MEMORANDUM

Plaintiff-Appellant Cecilia Gregorio appeals the district court’s grant of summary judgment to defendant GEICO Insurance Company on her claims of breach of contract and breach of good faith and fair dealing. These claims are based on GEI-CO’s refusal to pay Gregorio uninsured/un-derinsured (“UM/UIM”) benefits under her umbrella insurance policy. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 , and we affirm.

I

This court reviews de novo the district court’s grant of summary judgment. Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004). “Summary judgment is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.” Karuk Tribe of Cal. v. U.S. Forest Serv., 681 F.3d 1006, 1017 (9th Cir.2012).

II

The district court was correct in holding that Gregorio’s umbrella policy unambiguously lacks UM/UIM coverage. The policy expressly excludes “[pjersonal injury or property damage resulting from an uninsured or underinsured motorist claim unless a premium is shown for the uninsured or underinsured motorist coverage in the declarations.” The declarations page, in turn, does not list a premium…