Miles Hall v. National Union Fire Insurance

MEMORANDUM *

National Union appeals a grant of summary judgment in favor of plaintiff-beneficiary Miles Hall in this diversity action for insurance benefits. The district court found that National Union failed to effectively limit its $1,000,000 accident insurance coverage to $250,000 in cases of accidental death and therefore owed beneficiary Miles Hall $1,000,000 upon his father’s death. National Union raises three issues on appeal: whether Hall’s complaint adequately placed the terms of the policy in issue; whether the *247 district court erred in finding, as a matter of law, that the policy conferred a $1,000,000 death benefit; and whether the district court erred in denying National Union’s motion for reconsideration.

We review an order granting summary judgment de novo, see Pickern v. Pier 1 Imports (U.S.), Inc., 457 F.3d 963, 966 (9th Cir.2006), and an order denying a motion for reconsideration for abuse of discretion, see SEC v. Platforms Wireless Intern. Corp., 617 F.3d 1072, 1100 (9th Cir.2010). We affirm.

A. Pleading

Federal Rule of Civil Procedure 8(a) requires “a short and plain statement of the claim showing that the pleader is entitled to relief.” Here, Hall’s…

concurring:

I concur in sections B and C only, and in the result.

FILED

NOT FOR PUBLICATION MAY 31 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

MILES HALL, No. 10-56996

Plaintiff - Appellee, D.C. No. 3:08-cv-01195-JLS-

WVG

v.

NATIONAL UNION FIRE INSURANCE MEMORANDUM *

COMPANY OF PITTSBURGH,

PENNSYLVANIA, a corporation,

Defendant - Appellant,

and

ASSOCIATED UNDERWRITERS and

UNITED TRUCKERS ASSOCIATION,

Defendants.

Appeal from the United States District Court for the Southern District of California Janis L. Sammartino, District Judge, Presiding

Argued and Submitted May 11, 2012 Pasadena, California

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Before: NOONAN and FISHER, Circuit Judges, and GRITZNER, Chief District Judge.**

National Union appeals a grant of summary judgment in favor of plaintiff-

beneficiary Miles Hall in this diversity action for insurance benefits. The district

court found that National Union failed to effectively limit its $1,000,000 accident

insurance…