Sovereign General Insurance Se v. Scottsdale Insurance Company

MEMORANDUM

Sovereign General Insurance Services, Inc. (Sovereign) appeals from the district court’s summary judgment for Western Heritage Insurance Company (Western) on Sovereign’s claims against Western. Western cross-appeals from the district court’s denial of pre-judgment interest on the damages awarded to Western by the jury on Western’s claims against Sovereign. The district court had jurisdiction pursuant to 28 U.S.C. § 1332 due to complete diversity of the parties, and we have jurisdiction over the final judgment of the district court under 28 U.S.C. § 1291 . We review the district court’s summary judgment de novo. Universal Health Servs., Inc. v. Thompson, 363 F.3d 1013 , 1019 (9th Cir.2004). We review the district court’s denial of pre-judgment interest under state law for abuse of discretion. Champion Produce, Inc. v. Ruby Robinson Co., Inc., 342 F.3d 1016, 1020 (9th Cir.2003). We affirm summary judgment on Sovereign’s claims, and reverse the district court’s denial of pre-judgment interest claimed by Western.

I.

Sovereign appeals from the district court’s summary judgment on its contractual claims for post-termination contingent commissions. However, Sovereign does…