The Ninth Circuit affirmed the district court's granting summary judgment to the insurer who did not issue the policy to the insureds. Steinhauer v. Liberty Mut. Ins. Co., 2021 U.S. App. 35457 (9th Cir. Dec. 1, 2021).
Sherrell and Joanne Steinhauser had a homeowner's policy issued by Liberty Insurance Corporation. The policy defined "we" as the company providing the insurance. The Steinhauers failed to demonstrate that Liberty Mutual Insurance Company was the issuer of their policy. Thus, the district court correctly ruled that the Steinhauers sued the wrong party.
Further, the district court did not abuse its discretion in denying permission for a very untimely proposed amendment to the complaint The Steinhauers filed their motion to amend over a year after the court's deadline to join parties and they failed to demonstrate good cause to justify their late amendment. The Steinhauers knew early in the case that they had sued the wrong party, both from opposing counsel and from the court, but they failed to substitute or add the correct defendant in a timely manner.
