Advanced Aeronautical Enterprises, Inc. v. Americas Insurance

MEMORANDUM *

OVERVIEW

Plaintiffs-Appellants Advanced Aeronautical Enterprises, Inc. (“AAE”) and A. Pascal Mahvi (“Mahvi”) seek damages for the alleged breach of an aircraft insurance policy by Defendants-Appellees Americas Insurance Company and their underwriters (“Americas”). Because the parties are familiar with the facts of this case, we recount them here only to the extent necessary to explain our decision. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we AFFIRM.

DISCUSSION

A. Standard of Review

A grant of summary judgment is reviewed de novo. See Weiner v. San Diego County, 210 F.3d 1025, 1028 (9th Cir.2000). The interpretation and application of California law by the district court are reviewed de novo. See Matter of McLinn, 739 F.2d 1395, 1397 (9th Cir.1984).

*639 B. Applicable Law

We must apply California law in resolving issues of state contract law. See Stanford Univ. Hosp. v. Federal Ins. Co., 174 F.3d 1077, 1083 (9th Cir.1999). Because insurance policies are subject to the ordinary rules of contract interpretation, see Bank of the West v. Superior Court, 2 Cal.4th 1254, 10 Cal.Rptr.2d 538 , 833 P.2d 545, 551-52 (1992), we must apply California law in…