Hennager

Hennager v. Progressive Specialty Insurance

Good Law
81 F. App'x 992
United States Court of Appeals for the Ninth CircuitDecember 4, 2003Nos. 02-36022, 02-36024; D.C. Nos. CV-01-00274-A-RRB, CV-01-00275-RRBCalifornia516 words

Opinion

Lead Opinion

MEMORANDUM **

Ron Harbuck, as next best friend of Rhonda Harbuck, and Armina Hennager appeal the district court’s grant of summary judgment for the defendant, Progressive Specialty Insurance Company (“Progressive”). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. The parties are familiar with the facts, and we need not recite them here.

The district court properly interpreted Alaska Statute (“AS”) § 21.89.020. 1 The meaning of the statute is clear, and legislative history of the statute does not contravene its plain language. 2 When an applicant for auto insurance or a named insured on an auto insurance policy is required to show proof of financial responsibility (“SR-22”) pursuant to AS §§ 28.20.010— 28.20.640, then the statute does not require insurance companies to offer that driver the higher uninsured/underinsured motorist (“UM/UIM”) coverage of AS § 21.89.020(c)(2)(A)-(E). 3 The insurer is only required to offer UM/UIM coverage equal to the amount of liability insurance chosen and purchased by the applicant. 4 The selection of the liability coverage, and thus the UM/UIM coverage, then applies to all insureds under the policy. 5 Harbuck and Hennager were…

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