Howland

MEMORANDUM ***

Donna Howland appeals the district court’s grant of summary judgment in favor of Stonebridge Life Insurance Company (“Stonebridge”) on her claims arising under Gary Howland’s life insurance policy. We affirm. Because the parties are familiar with the factual and procedural history, we will not recount them here.

Gary Howland died in a single vehicle accident. His life insurance policy contained excluded coverage for injuries “sustained or contracted in consequence of the Covered Person being intoxicated.” Intoxication was defined as “having a blood alcohol level of .10 percent weight by volume or higher.” The accident report filed by the investigating Nevada Highway Patrol officer listed alcohol as a contributing factor in the accident, and autopsy results established that he had a blood alcohol level of .22 percent at the time of his death.

Although in reviewing a summary judgment motion, we must view the evidence in the light most favorable to the nonmoving party, Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587-88 , 106 S.Ct. 1348 , 89 L.Ed.2d 538 (1986), the nonmoving party cannot defeat summary judgment by “rest[ing] upon mere…