Pamela K. Lane v. J.C. Penney Life Insurance Company, a Vermont Corporation

60 F.3d 833 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Pamela K. LANE, Plaintiff-Appellant, v. J.C. PENNEY LIFE INSURANCE COMPANY, a Vermont corporation, Defendant-Appellee. No. 93-36099. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 5, 1995. Decided July 7, 1995. 1 Before CANBY and REINHARDT, Circuit Judges, and LEGGE, * District Judge. 2 MEMORANDUM ** 3 The parties are familiar with the facts of this case; we will not recite them here. Pamela Lane appeals the district court's grant of summary judgment in favor of JC Penney Life Insurance Company, the defendant in her action to collect the proceeds of an insurance policy. The district court ruled that Lane's recovery was precluded by the exclusion in Penney's policy of coverage for injuries or death incurred while the insured was intoxicated. We reverse. 4 We review de novo the district court's grant of summary judgment. Jesinger v. Nevada Fed. Credit Union, 24 F.3d 1127, 1130 (9th…