Kearns

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 7 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

BRAD KEARNS; ELIZABETH KEARNS, No. 24-2945 D.C. No. Plaintiffs - Appellants, 3:24-cv-00060-MMD-CSD v.

MEMORANDUM*

LIBERTY INSURANCE CORPORATION,

Defendant - Appellee.

Appeal from the United States District Court for the District of Nevada Miranda M. Du, District Judge, Presiding

Submitted March 31, 2025** San Francisco, California

Before: HURWITZ, KOH, and JOHNSTONE, Circuit Judges. Dissent by Judge KOH.

In this diversity action, Brad and Elizabeth Kearns (“Plaintiffs”) assert that

their insurer, Liberty Insurance Corporation, breached a homeowner’s insurance

policy (the “Policy”) by refusing to pay more than twelve months of loss-of-use

* 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). coverage after a tree fell on the Plaintiffs’ residence in Stateline, Nevada.…