Wady

ORDER GRANTING DEFENDANT UNUMPROVIDENT’S MOTION FOR SUMMARY JUDGEMENT

This case concerns plaintiff Alexia Wady’s claim for disability benefits under a policy issued by defendant Provident Life and Accident Insurance Company of America (“Provident”). After her claim for total disability benefits was denied, Wady filed this action alleging claims for breach of contract and breach of the covenant of good faith and fair dealing against both Provident, the entity that actually issued the policy, and UnumProvident Corporation, Provident’s parent company.

UnumProvident has now moved for summary judgment, asserting that it cannot be liable for breach of contract because it was not a party to the insurance contract between Wady and Provident, or breach of the covenant of good faith and fair dealing, because that cause of action arises only when there is a contractual relationship between the parties. Wady opposes the motion, asserting that UnumProvident was extensively involved in the denial of her claim, and that Provident and UnumProvi-dent are alter egos of one another. Because the court finds that there is no material issue of fact as to whether there was a contractual relationship…