Martin

MEMORANDUM *

EAM, LLC, the beneficiary of a life insurance contract for Michael Martin, appeals the district court’s summary judgment ruling in favor of United of Omaha Life Insurance Company and insurance broker John Kelly on all of EAM’s claims arising out of United of Omaha’s refusal to provide benefits upon the death of Michael Martin. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review de novo the district court’s summary judgment ruling. See United States v. City of Tacoma, Wash., 332 F.3d 574, 578 (9th Cir.2003). Our review is governed by the same standard used by the trial court under Federal Rule of Civil Procedure 56(c). See Suzuki Motor Corp. v. Consumers Union of U.S., Inc., 330 F.3d 1110, 1131 (9th Cir.2003). Both parties agree Nevada law governs this dispute.

I.

The district court correctly concluded that United of Omaha could rescind Martin’s policy under Nevada Revised Statute § 687B.110(2). Section 687B.110(2) states a “misrepresentation” or “omission” in an insurance application can prevent recovery if “(2) [it is] [m]aterial either to the acceptance of the risk, or to the hazard assumed by the insurer.” Martin’s April 28, 1999…