Superstition Crushing, LLC v. Travelers Casualty & Surety Co. of America
Opinion
Opinion
MEMORANDUM
Superstition Crushing, LLC (“Superstition”) sought reimbursement, under the Employee Dishonesty Coverage Form of each of its five Travelers Commercial Crime Policies, for funds embezzled from it. Both parties moved for summary judgment. Thereafter, the district court granted summary judgment for Travelers. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. Because the parties are familiar with the facts and procedural history of this case, we do not recite them here.
We review de novo the district court’s grant of summary judgment and may affirm on any ground supported by the record. Dietrich v. John Ascuaga’s Nugget, 548 F.3d 892, 896 (9th Cir.2008). “We must determine, 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 relevant substantive law.” Id. (internal quotation marks and citation omitted). Here, there are no material facts in dispute. Because this case arises under diversity jurisdiction, we apply Arizona law. See Kabatoff v. Safeco Ins. Co. of Am., 627 F.2d 207, 209 (9th Cir.1980).