U.S. Bank National Ass'n v. PHL Variable Insurance

MEMORANDUM

U.S. Bank National Association (“U.S.Bank”) appeals the district court’s grant of summary judgment on its claim that PHL Variable Insurance Company (“PHL”) violated the Connecticut Unfair Trade Practices Act (“CUTPA”), Conn. Gen.Stat. § 38a — 816(6), by engaging in a general practice of unfair claims processing. U.S. Bank also appeals the post-trial verdict on its California bad faith claim on the ground that the district court failed to properly instruct the jury. Because the parties are familiar with the factual and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part, reverse in part, and remand.

1. We review de novo the district court’s grant of summary judgment. Lemire v. Cal. Dep’t of Corr. & Rehab., 726 F.3d 1062, 1074 (9th Cir.2013). “We must determine ‘whether, viewing the evidence in the light most favorable to the non-moving party, there are genuine issues of material fact and whether the district court correctly applied the relevant substantive law.’ ” Id. (quoting Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc)). A…