Repke

State Farm Fire & Casualty Co. v. Repke

Good Law
301 F. App'x 698
United States Court of Appeals for the Ninth CircuitNovember 25, 2008No. 07-15526California550 words

Opinion

lead Opinion

MEMORANDUM **

Wolfgang Repke appeals the denial of his motion for summary judgment and the grant of the counter-motion for summary judgment in favor of State Farm Fire & Casualty Co. At issue in this case for declaratory judgment is the interpretation of two provisions of Nevada law as they apply to a Personal Liability Umbrella Policy (PLUP) that Repke purchased from State Farm, naming himself and John *699 Bodnar as insureds. The district court held that the requirements of NRS 687B.147 do not apply to PLUPs and that NRS 687B.440 does not require all named insureds in a PLUP to acknowledge in writing the exclusion of uninsured/underinsured (UM/UIM) motorist coverage. We assume the parties’ familiarity with the facts and the record of prior proceedings, which we refer to only as necessary to explain our decision. For the reasons given below, we affirm the judgment of the district court. 1

The district court first applied Nevada rules of statutory interpretation to determine the meaning of the phrase in NRS 687B.147, “[a] policy of motor vehicle insurance covering a private passenger car.” The district court looked to similar statutes and determined that umbrella policies are…

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