Griffin

MEMORANDUM *

In a March 16, 2005 published order, we certified the following question to the Nevada Supreme Court: “Under Nevada law, may an insurer deny coverage under an aviation insurance policy for failure to comply with an unambiguous requirement of the policy or is a causal connection between the insured’s noncompliance and the accident required?” Old Republic Ins. Co. v. Griffin, 402 F.3d 876, 881 (9th Cir. 2005) [hereinafter Griffin I ].

The Nevada Supreme Court accepted certification of the above question and held that “insurers need not establish a causal connection between an aviation policy exclusion and the loss in order to avoid liability so long as the exclusion is unambiguous, narrowly tailored, and essential to the risk undertaken by the insurer.” Griffin v. Old Republic Ins. Co., — Nev. -, 133 P.3d 251, 252 (2006) (en banc) [hereinafter Griffin II]. We have already held that the exclusion in this case was unambiguous. See Griffin I, 402 F.3d at 878 . Describing when an exclusion is narrowly tailored and essential to the insurer’s risk, the Nevada Supreme Court concluded that the insurance exclusion at issue here met both requirements. See Griffin II, 133 P.3d…