Bilezikjian

ORDER: (1) DENYING PLAINTIFFS MOTION FOR (2) GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

I.

INTRODUCTION

Plaintiff suffers from carpal tunnel syndrome (CTS) as a result of his performing “big-bone” orthopedic surgeries for many years. His disability income insurance policies with the insurer defendants provide for coverage of a disability — inability to perform one’s occupational duties — that results from “accidental bodily injury” occurring while each policy is in force. Because the insurer defendants contend that plaintiffs disability is not covered by the policies, plaintiff brought claims for breach of contract and breach of the implied covenant of good faith and fair dealing. The case finds itself in a federal forum after defendant removed the action based on diversity of citizenship, signifying that California’s substantive law must be applied to resolve the parties’ pending cross-motions for summary adjudication or judgment. In the absence of controlling authority by the state supreme court, state intermediate appellate court decisions will govern unless there is convincing evidence that the state’s supreme court would not likely follow them. The Court concludes…