William D. Sapp, III v. The Paul Revere Life Insurance Company

28 F.3d 108 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William D. SAPP, III, Plaintiff-Appellant, v. The PAUL REVERE LIFE INSURANCE COMPANY, Defendant-Appellee. No. 93-56290. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 8, 1994. Decided June 13, 1994. Before: WALLACE, Chief Judge, FARRIS and KLEINFELD, Circuit Judges. MEMORANDUM 1 Sapp appeals from the district court's summary judgment in favor of the Paul Revere Life Insurance Company (Paul Revere). The district court had jurisdiction pursuant to 28 U.S.C. Sec. 1332 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. Sec. 1291 . 2 We review a district court's summary judgment de novo, Oltarzewski v. Ruggiero, 830 F.2d 136, 138 (9th Cir.1987), and apply the substantive law of California in this diversity action. See Strassberg v. New England Mut. Life Ins. Co., 575 F.2d 1262, 1263 (9th Cir.1978). In ascertaining California law, we must follow the decisions of the…