Kathryn M. Shon v. Aetna Casualty & Surety

978 F.2d 716 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kathryn M. SHON, Plaintiff-Appellant, v. AETNA CASUALTY & SURETY, Defendant-Appellee. No. 91-55522. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 21, 1992. Decided Oct. 16, 1992. Before WILLIAM A. NORRIS, REINHARDT and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Appellant advances two alternative arguments for why she is entitled to coverage under the Aetna policy as a passenger in Dr. Izzi's rented car: (1) because such coverage is required under Massachusetts law defining the mandatory scope of underinsured motorist coverage, and (2) because the Aetna policy is so ambiguous that it must, as a matter of law, be construed to extend coverage for Shon's injuries. We reject both of these arguments. I. 3 We read the Aetna policy as providing coverage for two groups of people who are injured in collisions with underinsured drivers: (1) the named insured and members of his/her household,…