Buffo

Allstate Insurance v. Buffo

Good Law
220 F. App'x 701
United States Court of Appeals for the Ninth CircuitFebruary 16, 2007No. 04-17390California1,183 words

Opinion

Lead Opinion

MEMORANDUM **

Defendants-Appellants Leevon Motes, Michael Motes, Arijana Motes, and Erika Ruiz (“appellants”) appeal the denial of their motion for summary judgment and the grant of summary judgment in favor of plaintiff-appellee Allstate Insurance Company (“Allstate”). Alan Buffo held a comprehensive personal liability policy (commonly referred to as a “homeowners policy”) issued by Allstate. The policy, however, contained an “automobile exclusion.” While babysitting Arijana and Michael Motes, the Buffos were involved in an automobile accident in which Arijana and Michael were severely injured. Appellants sued the Buffos for negligence in Arizona state court. Allstate then brought this declaratory relief action against appellants and the Buffos. The district court held that the policy’s automobile exclusion applied to the accident. Appellants appealed. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 , 2201, and 2202, and we affirm.

A district court’s decision on cross-motions for summary judgment is reviewed de novo. See Arakaki v. Hawaii, 314 F.3d 1091, 1094 (9th Cir.2002). Our review is governed by the same standard used by the district court under Federal Rule of Civil…

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