Reinkemeyer

Reinkemeyer v. Safeco Insurance Co. of America

Good Law
166 F.3d 982·99 Daily Journal DAR 947·1999 U.S. App. LEXIS 1109·99 Cal. Daily Op. Serv. 793
United States Court of Appeals for the Ninth CircuitJanuary 28, 1999No. 96-17096California2,191 words

Opinion

Lead Opinion

The principal question on this appeal is whether a homeowner insurance policy was covered by the provisions of Nevada Revised Statutes (“NRS”) §§ 687B.310-420. We certified the statutory construction question to the Supreme Court of Nevada as one pecu *983 liarly within the expertise of that court. Based upon the decision of the Nevada Court, we reverse and remand this diversity case to the district court.

I. Factual and Legal Background

The facts in the case are not in dispute. The Reinkemeyers were insured by SAFE-CO Insurance Company under a homeowner’s insurance policy. Between 1989 and 1993, the Reinkemeyers submitted three claims under the policy totaling approximately $212,400. In 1994, SAFECO notified the Reinkemeyers that it was declining to renew the policy.

The Reinkemeyers sued SAFECO claiming that the non-renewal violated various provisions of NRS §§ 687B.310-420 that govern the cancellation and renewal of certain insurance policies. For example, they asserted that the version of § 385 in effect at the time denied insurers any right to “cancel, refuse to renew or increase the premium for renewal of a policy of casualty or property insurance as a result of any…

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