101 Ocean Condominium Homeowners Ass'n v. Century Surety Co.
Opinion
Opinion
MEMORANDUM
Plaintiff-Appellant 101 Ocean Condominium Homeowners Association (the “HOA”) appeals the district court’s grant of summary judgment in favor of Defendants-Appellees Travelers Casualty and Surety Company of America (“Travelers”) and Century Surety Company (“Century”). The HOA alleges that both insurers had a duty to defend the HOA against an action brought by condominium resident Robert Marlin (“Marlin”) alleging (1) assault, (2) battery, and (3) negligence. The district court granted summary judgment for Travelers and Century, finding that both policies contained express exclusions that applied to the facts of the underlying suit, so neither insurer had a duty to defend the HOA. We have jurisdiction under 28 U.S.C. § 1291 , and for the reasons that follow, we affirm.
Summary judgment is reviewed de novo. Padfield v. AIG Life Ins. Co., 290 F.3d 1121, 1124 (9th Cir.2002). We must decide, viewing the evidence in the light most favorable to the nonmoving party, “whether there are any genuine issues of material fact and whether the district court correctly applied the substantive law.” Olsen v. Idaho State Bd. of Med., 363 F.3d 916 , 922 (9th Cir.2004).