Allstate Insurance Co. v. Alexander Yin

MEMORANDUM

Defendant Alexander Yin appeals the district court’s order granting summary judgment to Plaintiff Allstate Insurance Company. Yin also appeals the district court’s dismissal of his claim that Allstate breached the implied covenant of good faith and fair dealing by unreasonably refusing to indemnify Richard and Andrew Pira and pay Yin benefits. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court did not err in concluding that Richard Pira was not an “insured person” under Erlinda Ipac’s insurance policy for the Peabody street property because Richard Pira did not live in the same “household” as Ipac. Under California law, “the term ‘household’ is unambiguous.” Jacobs v. Fire Ins. Exch., 227 Cal.App.3d 584, 591, 594 , 278 Cal.Rptr. 52 (1991). It is undisputed that Richard Pira and Ipac did not live “under one roof or within a common curtilage” at the time that Andrew Pira shot Yin, and therefore Richard Pira did not live in Ipac’s “household,” as defined by California law. See id.

Even if the district court erred when it dismissed Yin’s claim that Allstate breached the implied covenant of good faith and fair dealing, any error would be…