Faehnrich

Progressive Gulf Insurance v. Faehnrich

Good Law
752 F.3d 746·2014 WL 1797655·2014 U.S. App. LEXIS 8578
United States Court of Appeals for the Ninth CircuitMay 7, 2014No. 09-16487California4,171 words

Opinion

Lead Opinion

Progressive Gulf Insurance Company-seeks review of the district court’s order denying its motion for summary judgment and of a later order entering judgment in favor of the defendants. The sole issue before us is whether Nevada or Mississippi law applies to the parties’ insurance contract. Because Mississippi law applies, we reverse the judgment of the district court.

Randall and Toni Faehnrich lived in Mississippi with their two minor children. They contracted with Progressive Gulf for automobile insurance. The policy was delivered in Mississippi. It covered cars garaged in Mississippi, bearing Mississippi license plates, driven by Mississippi-licensed drivers. The policy specified that it was governed by Mississippi law.

The Faehnrichs divorced and, in 2003, Toni Faehnrich moved to Nevada. On June 8, 2003, Toni Faehnrich was involved in a rollover vehicle accident while the two children were passengers in her car. Randall Faehnrich presented a bodily injury claim to Progressive Gulf on behalf of the children, which Progressive Gulf denied, citing the policy’s family-member exclusion.

The parties stipulated that, “if Mississippi law is applicable, there is no coverage…

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