Wells Fargo Bank, N.A. v. American National Insurance Co

MEMORANDUM

American National Insurance Company (ANICO) appeals: (1) the district court’s order striking ANICO’s counterclaim allegations regarding the retention of premiums; and (2) its summary judgment order holding that the policy at issue was not void for lack of an insurable interest. Neither party appeals the district court’s summary judgment order sua sponte declaring the Policy rescinded by ANICO.

“[Federal Rule of Civil Procedure] 12(f) does not authorize district courts to strike claims for damages on the ground that such claims are precluded as a matter of law.” See Whittlestone, Inc. v. Handi-Craft Co., 618 F.3d 970, 974-75 (9th Cir.2010). Here, the district court struck the request to retain a portion of the premiums upon concluding it was unavailable as a matter of law. While we acknowledge that Judge Pregerson lacked the benefit of Whittlestone’s guidance at the time of his decision, striking ANICO’s request under Rule 12(f) was error.

We review a district court’s grant of summary judgment de novo. Delia v. City of Rialto, 621 F.3d 1069, 1074 (9th Cir. 2010).

ANICO argues that the policy is void as against public policy because it lacked an insurable interest. If…