Williams v. American Family Mutual Insurance

MEMORANDUM

This appeal arises from an under insured motorist (“UIM”) coverage dispute between Gary and Nidenia Williams and their insurance company American Family Mutual Insurance Company. Appellants Gary and Nidenia Williams appeal the district court’s order on May 3, 2012(1) granting American Family’s motion for summary judgment on their claims of bad faith, violation of the Unfair Claims Practices Act, lost wages, emotional distress, and punitive damages; and (2) denying Appellants’ counter motion for summary judgment on the liability of American Family for Gary Williams’ hip injury, equitable estoppel, and waiver. Appellants also appeal the district court’s order denying their motion to reconsider or set aside the court’s summary judgment order on May 3, 2012. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

1. Appellants contend that the district court erred in granting American Family’s motion for summary judgment on their bad faith claim. We review the district court’s decision to grant summary judgment de novo. Del. Valley Surgical Supply, Inc. v. Johnson & Johnson, 523 F.3d 1116, 1119 (9th Cir.2008). Summary judgment is proper if viewing the evidence in the…