Continental Insurance Companies v. Total Dollar Management Effort, Ltd.

MEMORANDUM **

The Continental Insurance Company denied Sarkis Muradyaris claim and sued to rescind his marine insurance policy after discovering several violations on his official motor vehicle record, contrary to the statement on his insurance application that he had no “MVR violations.” Muradyan settled with Continental but counterclaimed against insurance agents Total Dollar Management and S. George Lohmeier, Jr., for breach of contract to procure insurance and against Lohmeier for negligence. The district court granted summary judgment to the agents, holding that Muradyan had no valid claims. He appeals, and we affirm.

We review the grant of summary judgment de novo. Olsen v. Idaho State Bd. of Med., 363 F.3d 916 , 922 (9th Cir.2004). We conclude that the district court correctly applied the relevant substantive law. Federal admiralty law governs marine insurance contracts, but California law and admiralty law are materially the same on the relevant issues. See Certain Underwriters at Lloyd’s v. Montford, 52 F.3d 219 , 222 n. 1 (9th Cir.1995). Under both bodies of law, the doctrine of uberrimae fidei requires parties to a marine insurance contract to deal with each other in…