Matheson

Matheson v. Progressive Specialty Insurance

Good Law
104 F. App'x 642
United States Court of Appeals for the Ninth CircuitAugust 5, 2004No. 03-16288California408 words

Opinion

Lead Opinion

MEMORANDUM ***

Roger and Marcelee Matheson, husband and wife, and their children, James and Jennifer, appeal the district court’s grant of summary judgment in favor of Progressive Specialty Insurance Company. We affirm.

After a thorough review of the record, we are satisfied that, while the Mathesons regale us with a number of aesthetic assertions about evidentiary conflicts, the issues raised are neither genuine nor material for summary judgment purposes. See Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2552 , 91 L.Ed.2d 265 (1986); Far Out Prods., Inc. v. Oskar, 247 F.3d 986 , 992 (9th Cir.2001); T.W. Elec. Serv., Inc. v. Pac. Elec. Contractors Ass’n., 809 F.2d 626, 630 (9th Cir.1987). Thus, the district court did not err in granting summary judgment on the various claims because: there was no showing of bad faith or breach of the covenant of good faith; there was no showing of damages arising out of an unfair practice, assuming that any unfair practice could be discovered in the considerate, rapid, and thoughtful settlement process followed in this case; and there was no basis for punitive damages. 1 *643 See Nev.Rev.Stat. 686A.310(2), 42.005(1) (2003);…

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