Nichols v. Northwestern Mutual Life Insurance

MEMORANDUM **

John Nichols appeals the district court’s entry of summary judgment in favor of Northwestern Mutual Life Insurance Company. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, see Bravo v. City of Santa Maria, 665 F.3d 1076, 1083 (9th Cir.2011), and we affirm.

I.

Nichols brought this diversity action against Northwestern Mutual after the insurance company rescinded his disability policy and reformed his life insurance policy. He sought damages, attorney’s fees, costs, and declaratory relief based upon the following claims: (1) breach of contract; (2) fraud; (3) breach of implied covenant of good faith and fair dealing; and (4) intentional infliction of emotional distress. Northwestern Mutual lodged a counterclaim against Nichols seeking rescission of the policy.

The district court granted summary judgment to Northwestern Mutual both on its rescission counterclaim, and on all of Nichols’ claims.

II.

From August 2001 to the end of 2006, Nichols saw his chiropractor, Dr. Rodney Cross, in excess of 100 times, seeking treatment primarily for tension headaches, neck pain, and lower back pain.

In addition, Nichols was involved in an automobile accident…

concurring:

I concur in the result.

FILED

NOT FOR PUBLICATION JUN 29 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOHN NICHOLS, No. 10-55650

Plaintiff-counter-defendant- D.C. No. 09-01068 VAP (CWx) Appellant,

v. MEMORANDUM *

THE NORTHWESTERN MUTUAL

LIFE INSURANCE COMPANY,

Defendant-counter claimant - Appellee.

Appeal from the United States District Court for the Central District of California Virginia A. Phillips, District Judge, Presiding

Argued and Submitted November 16, 2011 Pasadena, California

Before: W. FLETCHER and RAWLINSON, Circuit Judges, and MILLS,** District Judge.

John Nichols appeals the district court’s entry of summary judgment in favor

of Northwestern Mutual Life Insurance Company. We have jurisdiction under

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Richard Mills, United States District Judge for the Central District of Illinois, sitting by designation. U.S.C.…