FILED NOT FOR PUBLICATION OCT 21 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

KRISTI L. KAUFMANN (HORN), No. 10-35199 Plaintiff - Appellant, D.C. No. 9:09-cv-00051-JCL v. MEMORANDUM * GEICO GENERAL INSURANCE CO., Defendant - Appellee.

Appeal from the United States District Court for the District of Montana Jeremiah C. Lynch, Magistrate Judge, Presiding Argued and Submitted October 4, 2010 Seattle, Washington Before: THOMAS and M. SMITH, Circuit Judges, and EZRA, District Judge.** After carefully considering the briefs, record, and arguments of counsel, the Court affirms the judgment of the district court for the reasons stated in Magistrate Judge Lynch’s well-reasoned opinion of February 1, 2010.

AFFIRMED.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable David A. Ezra, United States District Judge for the District of Hawaii, sitting by designation.