Elhouty v. Lincoln Benefit Life Co.

The Ninth Circuit affirmed the district court's grant of summary judgment for Lincoln Benefit in a declaratory judgment action over an insurance policy. Considering sua sponte whether the district court had subject matter jurisdiction, the panel held that the district court properly exercised jurisdiction; the district court did not abuse its discretion in deciding to strike plaintiff's expert report and plaintiff has not shown how an expert opinion could have been helpful in this case; there was no genuine dispute about whether plaintiff needed to pay certain sums to keep his policy from lapsing or whether Lincoln Benefit mailed the required notice at least 30 days before the policy lapsed; the policy was unambiguous and the district court's reading of the policy was proper; and because there was nothing to gain by deposing the Lincoln Benefit official most knowledgeable on policy lapses, the district court did not abuse its discretion in denying plaintiff's request to delay consideration of the motion. View "Elhouty v. Lincoln Benefit Life Co." on Justia Law