Cutter & Buck Inc. v. Genesis Insurance

MEMORANDUM *

Cutter & Buck, Inc., appellant, appeals from the district court’s determination on summary judgment that the rescission by Genesis, Inc., appellee, of its Directors’ and Officers’ insurance policies was valid because appellant had procured the policies through deliberate misrepresentations. We affirm.

A district court’s grant of summary judgment is reviewed de novo. Viewing the evidence in the light most favorable to the nonmoving party, we must determine whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law. Olsen v. Idaho State Bd. of Med., 363 F.3d 916 , 922 (9th Cir.2004). Here the parties filed cross motions for summary judgment, and at oral argument, agreed that there were not any contested issues of material fact.

The parties agree that the interpretation of the contracts is a matter of Washington law. We have held that under Washington law, “insurance policies are construed as contracts, and interpretation of policies is a matter of law.” Nordstrom Inc. v. Chubb & Son, Inc., 54 F.3d 1424, 1429 (9th Cir.1995). We further noted that we “affirm a grant of summary judgment if there…