General Insurance Company of America, a Washington corporation v. Scott Cronk;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GENERAL INSURANCE COMPANY
OF AMERICA, a Washington corporation,
Plaintiff-counter-defendant -
Appellee,
EMPLOYERS INSURANCE COMPANY
OF NEVADA,
Intervenor-Plaintiff -
Appellee,
v.
SCOTT CRONK; et al.,
Defendants-counter-claimants
- Appellants.
No. 12-15755
D.C. No. 3:10-cv-00588-LRH-
VPC
MEMORANDUM*
EMPLOYERS INSURANCE COMPANY
OF NEVADA,
Intervenor-Plaintiff -
Appellant,
v.
No. 12-15791
D.C. No. 3:10-cv-00588-LRH-VPC
FILED
JAN 22 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.

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GENERAL INSURANCE COMPANY
OF AMERICA, a Washington corporation,
Plaintiff-counter-defendant -
Appellee,
and
SCOTT CRONK; et al.,
Defendants-counter-
claimants.
Appeal from the United States District Court
for the District of Nevada
Larry R. Hicks, District Judge, Presiding
Submitted January 15, 2014 **
San Francisco, California
Before: ALARCÓN, TALLMAN, and IKUTA, Circuit Judges.
Scott Cronk, Chris Crumley, and Employers Insurance of Nevada appeal from
the district court’s order granting summary judgment in favor of General Insurance
Company of America (GICOA). We have jurisdiction under 28 U.S.C. §1291.
Neither Cronk nor Crumley was entitled to coverage under the plain language
of Carson Nugget’s uninsured motorist endorsement because they were not
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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“‘occupying’ a covered ‘auto’ or a temporary substitute for a covered ‘auto’” when
injured. Because neither Cronk nor Crumley was a “person insured” under Carson
Nugget’s commercial automobile policy, their exclusion from uninsured motorist
coverage does not violate Nevada’s public policy. See State Farm Mut. Auto. Ins. Co.
v. Hinkel, 87 Nev. 478, 484 (1971). Nor is section 616C.215(3)(c) of the Nevada
Revised Statutes to the contrary, as Cronk and Crumley were not injured “under
circumstances entitling [them] . . . to receive proceeds under [their] employer’s policy
of uninsured or underinsured vehicle coverage.” Nev. Rev. Stat. § 616C.215(3).
AFFIRMED.
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