Retana
Retana v. Transamerica Insurance & Investment Group
Opinion
Lead Opinion
*645 MEMORANDUM **
Indiana Retana (“Retana”) appeals the district court’s grant of summary judgment in favor of Transamerica Occidental Insurance Company (“Transamerica”). We review the district court’s decision to grant summary judgment de novo. Qwest Comm’ns Inc. v. City of Berkeley, 483 F.3d 1253, 1256 (9th Cir.2006). The facts are known to the parties, and we repeat them here only as necessary.
Retana argues that summary judgment for Transamerica was improper because two provisions of the insurance policy are inconsistent and ambiguous and should have been construed against the insurer: the incontestability provision and the reinstatement provision. The incontestability provision of the insurance policy closely tracks the California statute requiring insurance policies to contain an incontestability clause; that statute states that “[a]n individual life insurance policy delivered or issued for delivery in this state shall contain a provision that it is incontestable after it has been in force, during the lifetime of the insured, for a period of not more than two years after its date of issue, except for nonpayment of premiums .... ” Cal. Ins. Code § 10113.5 (a).