From Casetext: Smarter Legal Research

Weaver v. Aetna Life Ins. Co.

United States Court of Appeals, Ninth Circuit
Mar 10, 2010
370 F. App'x 822 (9th Cir. 2010)

Summary

holding that the plaintiff lacked standing because she "did not allege that she made a claim for which payment was not received during the time that she paid premiums or that the policy for which she and other members of the purported class paid was worth less than they paid for it"

Summary of this case from Williams v. Nat'l Union Fire Ins. Co. of Pittsburgh

Opinion

No. 08-17512.

Argued and Submitted February 12, 2010.

Filed March 10, 2010.

Curtis Brent Coulter, Esquire, Law Offices of Curtis B. Coulter, P.C., Matthew L. Sharp, Esquire, Matthew L. Sharp, Ltd., Reno, NV, Ronald Parry, Covington, KY, for Defendants-Appellees.

Appeal from the United States District Court for the District of Nevada, Larry R. Hicks, District Judge, Presiding. D.C. No. 3:08-00037-LRH-VPC.

Before: GOODWIN, BERZON and IKUTA, Circuit Judges.


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Kai Weaver appeals from the judgment dismissing without prejudice under Fed.R.Civ.P. 12(b)(6) her first amended, class-action complaint alleging financial injury to class members, who purchased a group life-insurance policy from Aetna Life Insurance Company, administered by Western Insurance Specialities, Inc. The alleged loss is premiums paid, commencing in 2004, for the group policy that allegedly was not finalized until 2006. This court reviews a district court's dismissal under Fed.R.Civ.P. 12(b)(6) de novo and "can affirm on any ground supported by the record." Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir. 2008).

Standing is the "essential and unchanging part of the case-or-controversy requirement of Article III" for a plaintiff's case. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992). "A plaintiff must allege personal injury fairly traceable to the defendant's allegedly unlawful conduct and likely to be redressed by the requested relief." DaimlerChrysler Corp. v. Cuno, 547 U.S. 332, 342, 126 S.Ct. 1854, 164 L.Ed.2d 589 (2006) (citation and internal quotation marks omitted). Although economic injury can satisfy Article III injury-in-fact, see Clinton v. City of New York, 524 U.S. 417, 432-33, 118 S.Ct. 2091, 141 L.Ed.2d 393 (1998), Weaver did not allege that she made a claim for which payment was not received during the time that she paid premiums or that the policy for which she and other members of the purported class paid was worth less than they paid for it; she excluded from the class all insureds who received benefits payments for claims on the group policy. Thus, she has failed to show that she did not receive the benefit of the group-insurance contract or that the policy did not exist, because benefits were paid to insureds who made claims. Therefore, Weaver has shown no injury-in-fact to support standing. Similarly, to proceed in federal court, Weaver's state-law claims have failed to "meet the stricter federal standing requirements of Article III." Cantrell v. City of Long Beach, 241 F.3d 674, 683 (9th Cir. 2001).

Weaver's allegations that the group-insurance policy did not meet formation requirements implicate compliance with Nevada regulatory insurance law. Any right to relief for Weaver's claims alleging violation of the Nevada Insurance Code resides exclusively with the Insurance Commissioner, Nev.Rev. Stat. § 686A.015(1), and the Nevada Supreme Court has held that there can be no private right of action related to the regulatory requirements for insurers in Nevada. Allstate Ins. Co. v. Thorpe, 123 Nev. 565, 170 P.3d 989, 994 (2007); accord Baldonado v. Wynn Las Vegas, LLC, 194 P.3d 96, 104 n. 32 (Nev. 2008) (confirming Thorpe that the exclusive jurisdiction of the Insurance Commissioner precludes a private cause of action). Federal courts in diversity cases "are bound by the pronouncements of the state's highest court on applicable state law" and cannot review by declaratory judgment Nevada insurance law. Ticknor v. Choice Hotels Int'l, Inc., 265 F.3d 931, 939 (9th Cir. 2001).

AFFIRMED.


I agree that the judgment of the district court should be affirmed.


Summaries of

Weaver v. Aetna Life Ins. Co.

United States Court of Appeals, Ninth Circuit
Mar 10, 2010
370 F. App'x 822 (9th Cir. 2010)

holding that the plaintiff lacked standing because she "did not allege that she made a claim for which payment was not received during the time that she paid premiums or that the policy for which she and other members of the purported class paid was worth less than they paid for it"

Summary of this case from Williams v. Nat'l Union Fire Ins. Co. of Pittsburgh

relying on Thorpe to hold that a violation of the Insurance Code is within the exclusive jurisdiction of the NDOI and precludes a private right of action

Summary of this case from Herrera v. Allstate Fire & Cas. Ins. Co.
Case details for

Weaver v. Aetna Life Ins. Co.

Case Details

Full title:Kai WEAVER, on behalf of herself and all others similarly situated…

Court:United States Court of Appeals, Ninth Circuit

Date published: Mar 10, 2010

Citations

370 F. App'x 822 (9th Cir. 2010)

Citing Cases

Williams v. Nat'l Union Fire Ins. Co. of Pittsburgh

Evidence that the Defendants operated the insurance scheme at a loss and disputed or denied several claims…

Smith v. Catamaran Health Solutions, LLC

gn contacts will be acquired")); see Doe v. Blue Cross Blue Shield of Md., Inc. , 173 F.Supp.2d 398…