Great Lakes Insurance Se v. Tamara Smith

FILED

NOT FOR PUBLICATION

AUG 22 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

GREAT LAKES INSURANCE SE, No. 21-56231

Plaintiff-Appellee, DC No. 5:20-cv-00586-AB

v.

MEMORANDUM*

TAMARA LEE SMITH,

Defendant-Appellant.

Appeal from the United States District Court for the Central District of California Andre Birotte, Jr., District Judge, Presiding

Argued and Submitted July 25, 2022 Pasadena, California

Before: TASHIMA, WATFORD, and FRIEDLAND, Circuit Judges.

Tamara Lee Smith appeals from the judgment entered after the district court

granted summary judgment in favor of Great Lakes Insurance SE. We have

jurisdiction pursuant to 28 U.S.C. § 1291, and we vacate the judgment and remand

for further proceedings.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. The doctrine of uberrimae fidei “‘imposes a duty of utmost good faith,’ so

‘an applicant for a marine insurance policy is bound to reveal every fact within his

[or her] knowledge that is material to the risk.’” N.H. Ins. Co.…