Branton
Branton v. Western Reserve Life Assurance Co. of Ohio
Opinion
Lead Opinion
MEMORANDUM **
Bruce Branton (Branton) appeals the district court’s award of summary judgment to defendant Western Reserve Life (WRL) in this case concerning life insurance benefits. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.
Because the parties are familiar with the facts, we do not recite them here. We review awards of summary judgment de novo, see Clicks Billiards, Inc. v. Sixshooters Inc., 251 F.3d 1252, 1257 (9th Cir.2001), and apply Arizona substantive law in this diversity suit. See Martinez v. Asarco, Inc., 918 F.2d 1467, 1471 (9th Cir.1990).
I
While we note that the conditional receipt in question bears a substantial similarity to the one held to be “illusory, unconscionable, and against public policy” in Anderson v. Country Life Insurance Company, 180 Ariz. 625 , 886 P.2d 1381, 1383 (Ariz.Ct.App.1994), we need not determine whether the conditional receipt was an “approval” type or “insurable risk” type and whether Tammy Branton (Tammy) was conditionally covered during the 60 days following her first premium payment. Even if Tammy reasonably believed herself to be conditionally covered for 60 days, the conditional receipt stated it was to end…