Nalder Ex Rel Nalder v. United Automobile Insurance

MEMORANDUM

Plaintiffs James Nalder, guardian ad litem of his daughter Cheyanne Nalder, and Gary Lewis appeal from the district court’s grant of Defendant United Automobile Insurance Company’s motion for summary judgment on all of Plaintiffs’ claims. United Automobile Insurance Company cross-appeals from the district court’s denial of United Automobile Insurance Company’s motion for attorney’s fees. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse in part and affirm in part.

We reverse the district court’s grant of United Automobile Insurance Company’s motion for summary judgment with respect to whether there was coverage by virtue of the way the renewal statement was worded. Plaintiffs came forward with facts supporting their tenable legal position that a reasonable person could have interpreted the renewal statement to mean that Lewis’s premium was due by June 30, 2007, but that the policy would not lapse if his premium were “received prior to expiration of [his] policy,” with the “expiration date” specifically stated to be July 31, 2007. We remand to the district court for trial or other proceedings consistent with this memorandum. The portion of the order granting…