Rivera
Rivera v. Allstate Ins.
Opinion
Lead Opinion
MEMORANDUM **
Pedro and Aracely Rivera (Riveras) appeal from the district court’s judgment. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
In this insurance coverage dispute, the Riveras alleged that “a washing machine overflowed in [their] House, causing structural damage ... and damage to ... personal property.” The Riveras further alleged that Allstate unreasonably, and in bad faith, denied payment of their claim for damages arising from the overflow. The Riveras asserted claims for breach of contract, bad faith and punitive damages. The district court awarded a summary judgment in Allstate’s favor on all claims.
On appeal, we affirmed the district court’s summary judgment with respect to the bad faith and punitive damages claims, but reversed and remanded for trial on the breach of contract claim. See Rivera v. Allstate Ins. Co., No. 02-17167 at 8 (9th Cir. May 25, 2006) (unpublished).
On remand, the jury was asked to answer seven questions which included:
The jury answered “no” to this question. The district court thereafter entered a judgment in Allstate’s favor.
The Riveras now contend that the jury’s answers on the special verdict cannot support the…