North American Specialty Insurance v. De Anda

MEMORANDUM *

North American Speciality Insurance Company (“NAS”) issued a policy of aircraft insurance (“Policy”) to Appellant. Following an accident resulting in the complete destruction of the aircraft, NAS filed a complaint seeking a declaration that the Policy does not provide coverage for any claims arising out of the accident. The district court applied an exclusion in the insurance policy and granted summary judgment in favor of NAS. Appellant contends that the district court erred because the exclusion is prohibited by California Insurance Code § 11584 and because the exclusion is not conspicuous, plain and clear. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. Because the parties are familiar with the facts of the case, we do not recite the details here.

We review the district court’s grant of summary judgment de novo and may affirm on any basis supported by the record. Valdez v. Rosenbaum, 302 F.3d 1039, 1043 (9th Cir.2002). “Our review is governed by the same standard used by the district court under Fed.R.Civ.P. 56(c).” Certain Underwriters at Lloyd’s v. Moutford, 52 F.3d 219, 221-22 (9th Cir.1995) (citation omitted). Under Federal Rule of Civil…