Carmine S. Luongo v. Allstate Insurance Company

15 F.3d 1087 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Carmine S. LUONGO, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee. No. 92-16307. United States Court of Appeals, Ninth Circuit. Submitted Dec. 13, 1993. * Decided Jan. 10, 1994. Before: LAY, ** HALL, and THOMPSON, Circuit Judges. 1 MEMORANDUM *** 2 Carmine Luongo appeals the district court's order granting summary judgment to Allstate Insurance Company. The district court found that Allstate complied with the "anti-stacking" provisions of Nevada Revised Statute 687B.145(1) as a matter of law and thus Luongo was precluded from stacking underinsured motorist coverage in his policy. We affirm. 3 In reaching its conclusion, the district court relied on Allstate Ins. Co. v. Clemmons, 742 F.Supp 1073 (D.Nev.1990). Clemmons, however, was later reversed on appeal in an unpublished memorandum disposition. The defect in Clemmons was that insufficient undisputed evidence existed in the affidavits to…