Unpublished Disposition, 868 F.2d 1273 (9th Cir. 1989)

MEMORANDUM^* 

The Estate of Robie ("Robie") appeals the district court's denial of its motion for attorney's fees under 28 U.S.C. § 1447(c). We affirm.

Robie filed a complaint against Pilot Life Insurance Company ("Pilot") in state court alleging bad faith denial of insurance benefits. Pilot removed the action to federal court. On Robie's petition, the district court remanded the case to state court finding that Pilot's removal was "obviously untimely". The district court denied Robie's motion for attorney's fees without specifying its reasons for doing so. Robie now appeals the district court's denial of attorney's fees.

An award of attorney's fees is appropriate only where there has been a finding of bad faith. Schmitt v. Insurance Co. of North America, 845 F.2d 1546, 1552 (9th Cir. 1988); Dogherra v. Safeway Stores, 679 F.2d 1293, 1298 (9th Cir. 1982). See also Playtime Theaters Inc. v. City of Renton, 748 F.2d 527, 538 (9th Cir. 1984). We review a district court's absence of a finding of bad faith under the clearly erroneous standard. Id.

Robie failed to argue in its opening brief that the district court was clearly erroneous in failing to find bad faith. As a result, Robie has waived its only available argument.

AFFIRMED.