Superpoweraffiliates.com, Inc. v. Transportation Insurance

*724 MEMORANDUM *

Superpoweraffiliates.com, Inc. (SPA) appeals the district court’s grant of summary-judgment. SPA filed a claim against Transportation Insurance Company (Transportation) alleging breach of contract and violation of the duty of good faith and fair dealing arising from Transportation’s failure to defend A-Frame Software Company (A-Frame) in a claim SPA brought against A-Frame. The district court granted summary judgment against SPA based on its determination that Transportation had no duty to defend or indemnify A-Frame because A-Frame violated the “no voluntary payments” (“NVP”) provision of its insurance contract.

The parties are familiar with the relevant facts and we do not repeat them here.

I

We review de novo a district court’s grant of summary judgment. Universal Health Servs., Inc. v. Thompson, 363 F.3d 1013 , 1019 (9th Cir.2004). ‘We must determine, viewing the evidence in the light most favorable to the nonmoving party, whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law.” Id. (quoting EEOC v. Luce, Forward, Hamilton & Scripps, 345 F.3d 742 , 746 (9th…