Bally

I. BACKGROUND

21 Plaintiff’s Count I claim largely turns on the Monthly Cost of Insurance Rates 22 provision. Order at 2. The Monthly Cost of Insurance Rates provision sets forth the three 23 factors used to determine the cost of insurance charge. Id. at 3. These three factors are 24 “the Insured’s age on the policy anniversary, sex, and applicable rate class.” Id. The 25 policy defines “applicable rate class” as “[t]he underwriting class of the person insured.” 26 Id. 27 Plaintiff alleges that the Monthly Cost of Insurance Rate provision amounts to a promise by State Farm that only mortality-related factors will be used to determine the cost of insurance charge. See Complaint (dkt. 1) ¶¶ 32–34. In Count I, Plaintiff alleges that State Farm breached this provision of the policy because it included non-mortality factors, such as taxes and profit, in the cost of insurance charge. Id. ¶ 37. In granting State Farm summary judgment on Count I, the Court found that the “Monthly COI Rates provision is not a promise to policyholders about how State Farm will conduct its underlying rate-making process.” Order at 13. Instead, the Monthly COI…