Yue-Man Kwok v. Metropolitan Life Insurance

MEMORANDUM *

Yue-Man Kwok together with Kerman and Hansen Kwok appeal the district court’s order granting summary judgment to Metropolitan Life Insurance (MetLife). We have jurisdiction under 28 U.S.C. § 1291 and we review the summary judgment de novo. See Weiner v. San Diego County, 210 F.3d 1025, 1028 (9th Cir.2000). We affirm.

The Kwoks’ appeal turns on their argument that MetLife is estopped, and has waived the right, to deny coverage because Canandaigua, acting for MetLife, deducted premium payments from H.K. Kwok’s paycheck on two occasions in February 1996, knowing that he was not actively at work on the date the policy took effect. They rely on cases where an eligibility mistake was made by the insurer’s agent, premiums were accepted, and the person applying for insurance would have a reasonable expectation of being covered. See, e.g., Elfstrom v. New York Life Ins. Co., 67 Cal.2d 503 , 63 Cal.Rptr. 35 , 432 P.2d 731 (1967) (agent told insured to sign enrollment card, inserted incorrect information on the application, and collected premiums without the insured’s knowledge of qualifications for coverage); John Hancock Mut. Life Ins. Co. v. Dorman, 108 F.2d 220 (9th…