Transamerica Life Insurance Co v. Angelina Slee

FILED

NOT FOR PUBLICATION

MAY 10 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

TRANSAMERICA LIFE INSURANCE No. 21-35093

COMPANY,

D.C. No. 2:19-cv-01536-JLR Plaintiff-Appellee,

v. MEMORANDUM*

ANGELINA D. SLEE; et al.,

Defendants-Appellants.

Appeal from the United States District Court for the Western District of Washington James L. Robart, District Judge, Presiding

Submitted February 9, 2022** Seattle, Washington

Before: BYBEE, BEA, and CHRISTEN, Circuit Judges.

The district court granted summary judgment in favor of Transamerica Life

Insurance Company. The district court adopted the Magistrate Judge’s report and

recommendation, which determined that “the policy language unambiguously

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). requires the insured to be in a nursing home licensed by the state in order to be

entitled to…