Schmidt
Schmidt v. Certain Underwriters at Lloyd's
Opinion
Lead Opinion
MEMORANDUM *
Sam D. Schmidt appeals the district court’s decision granting summary judgment in favor of certain underwriters at Lloyds of London (“the Underwriters”) as to insurance coverage. We reverse and remand. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.
I
We review the district court’s grant of summary judgment de novo. Funky Films, Inc. v. Time Warner Entertainment Co., L.P., 462 F.3d 1072, 1076 (9th Cir.2006). In reviewing the district court’s grant of summary judgment, “[w]e 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.” Fitzgerald Living Trust v. United States, 460 F.3d 1259, 1263 (9th Cir.2006). Summary judgment is only appropriate if “the evidence ... is so one-sided that one party must prevail as a matter of law.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-52 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986).
Applying these principles, we conclude that genuine issues of material fact exist that preclude summary judgment in…
Dissenting Opinion
Kymer, J.
I disagree that there is a genuine issue of material fact that precludes summary judgment in this case. Trial will be to the court. “[Wjhere the ultímate fact in dispute is destined for decision by the court rather than by a jury, there is no reason why the court and the parties should go through the motions of a trial if the court will eventually end up deciding on the same record.” TransWorld Airlines, Inc. v. American Coupon Exchange, Inc., 913 F.2d 676, 684 (9th Cir.1990). Here, the historical facts are undisputed, and there are no credibility issues. Even if there are conflicting inferences that could reasonably be drawn from these facts, the judge may resolve them now because he, not a jury, is the finder of fact.
Schmidt’s main argument is that the district-court erred by failing to consider any theory of liability based on alleged violations of Nevada insurance statutes. Even if these theories were timely raised, however, the Nevada statutes upon which Schmidt relies are immaterial if Schmidt failed to accept Underwriters’ renewal offer by January 5, 2000. This is because, as the district court held, his 1999 policy terminated on that date.