United States Ninth Circuit

Summary judgment in favor of defendant-insurer in a diversity insurance coverage action is: 1) reversed in part and remanded, where the district court erred by not allowing a jury to resolve contested but otherwise admissible expert testimony, and erred in granting summary judgment against plaintiff-insured's claims because genuine issues of material fact existed as to whether defendant- insurer breached its contract with plaintiff-insured and breached the implied covenant of good faith; but 2) affirmed in part, where to the extent such claims were premised on the insured's business interruption theory, no material issues of fact existed, and the district court did not err in granting summary judgment against that theory of liability.

Appellate Information

• Decided 05/19/2014
• Published 05/19/2014

Judges

• SIMON

Court

• United States Ninth Circuit

Counsel