Provident Life and Accident Ins. Co. v. Van Gemert

ORDER RE CROSS-MOTIONS FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION

I. INTRODUCTION

Plaintiff/Counter-defendant Provident Life and Accident Insurance Company (“Provident”), a Tennessee corporation, brings a declaratory action to establish its liability to policyholder Defendant/Coun-terclaimant Richard Van Gemert, D.D.S. (“Van Gemert”), an individual and California resident. The Court has jurisdiction over the subject matter based on diversity of citizenship. 28 U.S.C. § 1332 (a)(1).

Van Gemert counterclaimed against Provident Life and Accident Insurance Company, Unum Corporation, and Un-umProvident, asserting breach of the implied covenant of good faith and fair dealing, breach of contract, and intentional and negligent interference with the patieni/physician relationship. In its September 12, 2002 Order, the Court dismissed Van Gemert’s latter two counterclaims with prejudice, and construed his first two claims as alternative pleadings of a claim for breach of the implied covenant.

Now before the Court are cross-motions for summary judgment or partial summary judgment by both parties, as to both the Complaint and Counterclaim. For the reasons set forth below, the…