Elwood v. Aid Insurance Co.

880 F.2d 204 Michael ELWOOD; Deborah Elwood, On behalf of themselves and others similarly situated, Plaintiffs-Appellants, v. AID INSURANCE CO., aka: Allied Insurance Company and Does I Through 50 Inclusive, Defendant-Appellee. No. 88-5628. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 7, 1988. Memorandum Filed April 21, 1989. Decided July 13, 1989. David D. Martin, Cohen & Martin, San Diego, Cal., for plaintiffs-appellants. Mark D. Wuerfel and Judith MacQuarrie, Kinder & Wuerfel, San Francisco, Cal., for defendant-appellee. Appeal from the United States District Court for the Southern District of California. Before HALL, WIGGINS and THOMPSON, Circuit Judges. ORDER The Memorandum disposition filed on April 21, 1989 has been designated an opinion for publication by Judge Wiggins. OPINION WIGGINS, Circuit Judge: 1 Michael and Deborah Elwood appeal the district court's grant of summary judgment in favor of Allied Mutual Insurance Company (Allied). The district court concluded that the Elwoods were not entitled to benefits under the underinsured motorists coverage of their automobile insurance policy for injuries suffered in an automobile accident.…