Pamela Siino v. Foresters Life Insurance and Annuity Company

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PAMELA SIINO, Individually and on No. 23-16176 behalf of the Class, D.C. No. Plaintiff-Appellee, 4:20-cv-02904- v. JST

FORESTERS LIFE INSURANCE

AND ANNUITY COMPANY, a New OPINION York Company,

Defendant-Appellant.

Appeal from the United States District Court for the Northern District of California Jon S. Tigar, District Judge, Presiding Argued and Submitted January 14, 2025 Pasadena, California Filed April 1, 2025

Before: JOHNNIE B. RAWLINSON and MILAN D. SMITH, JR., Circuit Judges, and JED S. RAKOFF, * District Judge. Opinion by Judge Milan D. Smith, Jr.

* The Honorable Jed S. Rakoff, United States District Judge for the Southern District of New York, sitting by designation. SUMMARY **

California Insurance Law / Declaratory Relief

The panel affirmed in part and reversed in part the district court’s summary judgment in favor of Pamela Siino in her action for declaratory relief challenging Foresters Life Insurance and Annuity Company’s termination of her policy for nonpayment of…