Pirkle

Pirkle v. National American Insurance

Good Law
203 F. App'x 845
United States Court of Appeals for the Ninth CircuitOctober 30, 2006No. 04-17013California325 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff Kenneth Pirkle appeals the district court’s order granting summary judgment in favor of Defendant National American Insurance Company of California on his insurance claim. We affirm.

The district court properly determined that Plaintiff cannot “stack” insurance coverages under his employer’s insurance policy, because that policy contains a valid “anti-stacking” provision under Nevada law. See Nev.Rev.Stat. 687B.145(1) (allowing insurers to prevent stacking by including an anti-stacking provision meeting three requirements). First, the anti-stacking provision is clear. See Nationwide Mut. Ins. Co. v. Coatney, 118 Nev. 180 , 42 P.3d 265, 266 (2002) (approving clarity of text nearly identical to this provision’s text). Second, the provision is prominently displayed in “bold-faced capital letters.” Bove v. Prudential Ins. Co. of Am., 106 Nev. 682 , 799 P.2d 1108, 1111 (1990). Third, the insurance premiums did not cover the same risk. The insurer introduced evidence that separate, equal premiums were paid per vehicle, the policy covered more drivers than insured vehicles, and the premiums therefore covered separate risks. Furthermore, the policy terms and…

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