651 Fed.Appx. 605 (9th Cir. 2016), 13-17615, Moreno v. Wells Fargo, N.A.

Docket Nº:13-17615
Citation:651 Fed.Appx. 605
Party Name:ANGEL MORENO AND CARMELITA MORENO, Plaintiffs - Appellants, v. WELLS FARGO, N.A.; AMERICAN BANKERS LIFE ASSURANCE COMPANY OF FLORIDA, FORMERLY KNOWN AS UNION SECURITY LIFE INSURANCE COMPANY, Defendants - Appellees
Attorney:For Angel Moreno, For Carmelita Moreno, Plaintiffs - Appellants: Wayne C. Arnett, Counsel, Arnett & Arnett, Chandler, AZ. For Wells Fargo Bank, NA, Defendant - Appellee: Andrew Martin Jacobs, Esquire, Attorney, Snell & Wilmer L.L.P., Tucson, AZ; Gregory J. Marshall, Attorney, Snell & Wilmer L.L.P...
Judge Panel:Before: IKUTA and WATFORD, Circuit Judges, and WATSON, District Judge.[**] WATFORD, Circuit Judge, dissenting. WATFORD, Circuit Judge, dissenting:
Case Date:June 02, 2016
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 605

651 Fed.Appx. 605 (9th Cir. 2016)

ANGEL MORENO AND CARMELITA MORENO, Plaintiffs - Appellants,

v.

WELLS FARGO, N.A.; AMERICAN BANKERS LIFE ASSURANCE COMPANY OF FLORIDA, FORMERLY KNOWN AS UNION SECURITY LIFE INSURANCE COMPANY, Defendants - Appellees

No. 13-17615

United States Court of Appeals, Ninth Circuit

June 2, 2016

Argued and Submitted, San Francisco, California May 10, 2016

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)

Appeal from the United States District Court for the District of Arizona. D.C. No. 2:13-cv-00972-PHX-SRB. Susan R. Bolton, District Judge, Presiding.

For Angel Moreno, For Carmelita Moreno, Plaintiffs - Appellants: Wayne C. Arnett, Counsel, Arnett & Arnett, Chandler, AZ.

For Wells Fargo Bank, NA, Defendant - Appellee: Andrew Martin Jacobs, Esquire, Attorney, Snell & Wilmer L.L.P., Tucson, AZ; Gregory J. Marshall, Attorney, Snell & Wilmer L.L.P., Phoenix, AZ; Kelly Harrison Dove, Esquire, Attorney, Snell & Wilmer, LLP, Las Vegas, NV.

For American Bankers Life Assurance Company of Florida, FKA: Union Security Life Insurance Company, Defendant - Appellee: Timothy R. Hyland, Attorney, The Cavanagh Law Firm, P.A., Phoenix, AZ; Walter D. Willson, Wells Marble & Hurst, Pllc, Jackson, MS.

Before: IKUTA and WATFORD, Circuit Judges, and WATSON, District Judge.[**] WATFORD, Circuit Judge, dissenting.

Page 606

MEMORANDUM[*]

Plaintiffs Angel Moreno and Carmelita Moreno appeal from the dismissal of their amended complaint, which alleged claims under Arizona law against Defendants Wells Fargo, N.A. (Wells Fargo) and American Bankers Life Assurance Company of Florida (American Bankers). The Morenos' claims included those for breach of the duty of good faith and fair dealing, breach of contract, consumer fraud, and unfair and deceptive acts and practices in the business of insurance. The Morenos also appeal from the district court's judgment awarding attorneys' fees to defendants.

Page 607

We have jurisdiction under 28 U.S.C. § 1291. We affirm.

1. The district court did not err in dismissing the Morenos' claims for lack of proximately caused damages. See

Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir. 2005) (" We review the district court's grant of a motion to dismiss de novo." ). This case arises from a home loan that the Morenos obtained through Wells Fargo. In conjunction with this loan, the Morenos elected to purchase disability insurance coverage from Union Security Life Insurance Company, now known as American Bankers. The insurance policy at issue provided that coverage would terminate if and when: " You are considered in default under the terms of your debt agreement with the Creditor, or in default with your monthly insurance premium." It is undisputed that the Morenos failed to timely make full...

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