Bryant

Allstate Ins. Co. v. Bryant

Good Law
45 F. App'x 632
United States Court of Appeals for the Ninth CircuitAugust 21, 2002No. 00-35801; D.C. No. CV-99-00108-HRHCalifornia754 words

Opinion

Lead Opinion

MEMORANDUM *

Margaret Harville (“Harville”), as parent and guardian of Adam Bryant (“Adam”), appeals from the district court’s denial of her motion for summary judgment and grant of summary judgment in favor of Allstate Insurance Company (“Allstate”). This appeal arises from Allstate’s action for declaratory judgment absolving it from a duty to cover Adam as a “resident relative” under an uninsured motorist (“UIM”) policy issued to Adam’s non-custodial father, Steven Bryant (“Bryant”). On de novo review we affirm.

“The construction of an insurance contract is a matter for the court, unless its interpretation is dependent upon the resolution of controverted facts.” O’Neill Investigations, Inc. v. Ill. Employers Ins. of Wausau, 636 P.2d 1170, 1173 (Alaska 1981). Generally, “insurance contracts are construed liberally against the insurer and doubtful language is resolved in favor of the insured.” MAPCO Alaska Petroleum, Inc. v. Cent. Nat’l Ins. Co. of Omaha, 795 F.Supp. 941, 944 (D.Alaska 1991) (citations and internal quotation marks omitted). However, “[i]f a reasonable interpretation favors the insurer and any other interpretation would be strained, no compulsion exists to…

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