Osborn

Osborn v. Leader Insurance

Good Law
129 F. App'x 379
United States Court of Appeals for the Ninth CircuitApril 26, 2005No. 03-17315California466 words

Opinion

Lead Opinion

MEMORANDUM *

Leader Insurance Company appeals from the judgment following a jury trial in favor of Karyn Osborn. We affirm.

*380 I

Leader argues that the district court should have construed the policy as a matter of law without a typo that had the effect of providing uninsured motorist coverage for accidents caused by insured motorists, and should have precluded Osborn from arguing otherwise to the jury. However, there was no evidence of a typo and Leader never asked the court for any such construction. While it may not have been sensible for Leader to write a policy with the language Osborn’s contained, it is not absurd as a matter of law because uninsured motorist coverage is required by statute and nothing prevents an insurer from providing broader protection. Osborn’s argument tracked the plain meaning of the policy and was supported by evidence of how Leader dealt with it. Given this, the district court did not abuse its discretion in overruling Leader’s objection to closing argument, nor was the jury allowed to reach its verdict based on a mistaken interpretation.

II

Leader argues that the punitive damage award is infected by the same error, and also is unsupported by…

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