White v. USAA Insurance Agency Incorporated

• Court: District Court, D. Arizona
• Decided: December 18, 2024
• Docket: 2:24-cv-00378
• Status: Unknown

Opinion

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Lisa White, No. CV-24-00378-PHX-KML

10 Plaintiff, ORDER

11 v.

12 USAA General Indemnity Company,

13 Defendant. 14 15 The parties were granted permission to file early summary judgment motions on the 16 issue of insurable interest. (Doc. 22.) Having reviewed that briefing, the parties agree there 17 is very little guidance in Arizona law. Given that uncertainty, resolving the insurable 18 interest issue would require the court consult “decisions from other jurisdictions, statutes, 19 treatises, and restatements as guidance.” Judd v. Weinstein, 967 F.3d 952, 955–56 (9th Cir. 20 2020) (quotation marks and citation omitted). That task may be unnecessary, however, 21 because defendant argues there are contract-based defenses that will defeat coverage 22 regardless of the insurable interest issue. Because those contract-based defenses might 23 render any prediction of state law unnecessary, it is wiser to resolve all issues at the same 24 time after the completion of full discovery. Therefore, the cross-motions are denied, and 25 the parties must submit a proposed case management schedule. 26 / 27 / 28 / 1 Accordingly, 2 IT IS ORDERED the Motions for Summary Judgment (Doc. 24, 26) are DENIED 3|| WITHOUT PREJUDICE. 4 IT IS FURTHER ORDERED no later than January 6, 2025, the parties shall file 5 || a proposed case management containing all the proposed dates using the form available on 6|| the court’s website. The proposed case management order must also be emailed in Word 7\| format to Lanham_chambers @azd.uscourts.gov. 8 Dated this 18th day of December, 2024. 9 10 é VY) ly Va n ry G. / . ll AA ACA EY UC Honorable Krissa M. Lanham 12 United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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