Hecht

Michael A. Hecht appeals from the grant of a summary judgment in favor of his disability carrier. The trial court, relying on Erreca v. West. States Life Ins. Co. (1942) 19 Cal.2d 388 [ 121 P.2d 689 ], ruled that there were no triable issues of fact and that appellant was not “totally” disabled. Given the state of the record and appellant’s concessions that certain facts are undisputed, we affirm. Our standard of review is de novo. (Artiglio v. Corning Inc. (1998) 18 Cal.4th 604, 612 [ 76 Cal.Rptr.2d 479 , 957 P.2d 1313 ].)

Appellant was and is the owner/president of a successful retail clothing business with several locations in Southern California. For approximately 20 years, he was a “hands-on” owner who worked full time every day building this business. In 1990, he purchased a disability insurance policy from respondent listing his duties as “buyer/manager/office operations.” The policy defined “total disability” as being “unable to perform the important duties of Your Occupation . . . .” With certain amendments and riders to the policy, he could have received approximately $10,000 per month if he became “totally disabled.”

In October of 2000, appellant was involved…