Storrer

Storrer v. Paul Revere Life Insurance

Good Law
220 F. App'x 566
United States Court of Appeals for the Ninth CircuitFebruary 5, 2007No. 05-15336California706 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiff P. Paul Storrer (“Storrer”) appeals from the district court’s grant of summary judgment to Paul Revere Life Insurance Company (“Revere”) on his extra-contractual claims. We hold that Storrer has alleged facts sufficient to defeat Revere’s “genuine dispute” defense to Storrer’s bad faith claim and reverse the district court’s grant of summary judgment. However, with respect to Storrer’s other extra-contractual claims, the district court is affirmed.

A grant of summary judgment is reviewed de novo. Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004). Because *568 Storrer fails to allege any false statements of material fact with specificity, his fraud and deceit claim fails and the district court’s grant of summary judgment to Revere on this claim is affirmed. See Tarmann v. State Farm Mut. Auto. Ins. Co., 2 Cal.App.4th 153, 157 , 2 Cal.Rptr.2d 861 (1991). Storrer also fails to present any evidence that Revere’s conduct was sufficiently extreme and outrageous to state a cause of action for intentional infliction of emotional distress (“IIED”). See Wilkins v. Nat'l Broad. Co., 71 Cal.App.4th 1066, 1087 , 84 Cal.Rptr.2d 329 (1999). Accordingly, Storrer’s IIED…

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