Halayne Kasoff v. Bankers Life and Casualty Co.

MEMORANDUM

Halayne Kasoff (“Kasoff’) appeals the district court’s grant of summary judgment in favor of Bankers Life and Casualty Company (“Bankers”). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a district court’s grant of summary judgment, see e.g., Feldman v. Allstate Ins. Co., 322 F.3d 660, 665 (9th Cir. 2003), and we reverse and remand.

This appeal boils down to the meaning of the term “Any One Period of Expense” in Kasoffs long-term insurance policy. As stated by the district court, “does ’Any One Period of Expense’ require a six month [washout] period only with respect to injuries that are related to the coverage-triggering injury, as [Kasoff] asserts, or does it apply to any injury whether or not related to the coverage-triggering injury, as [Bankers] asserts.” The district court agreed with Bankers’ interpretation and found the policy provision unambiguous. We conclude that the policy provision is ambiguous and, as a result, construe it against Bankers.

We apply the substantive law of California. Conestoga Servs. Corp. v. Exec. Risk Indem., Inc., 312 F.3d 976, 980-81 (9th Cir. 2002). As there are no material disputed facts, and “[b]ecause [in…