Fleischer
Provident Life & Accident Insurance v. Fleischer
Opinion
Opinion
Collins, J.
ORDER RE: PROVIDENT LIFE’S MOTION FOR SUMMARY JUDGMENT OR ALTERNATIVELY SUMMARY ADJUDICATION
The Motion for Summary Judgment or Alternatively Summary Adjudication of PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY (“Provident”) came on regularly for hearing before this Court on August 24, 1998. After reviewing the materials submitted by the parties, argument of counsel, and the case file, it is hereby ORDERED that Provident’s Motion is GRANTED.
I. Factual Background
The undisputed facts relevant to Provident’s motions are as follows:
On October 15, 1982, Provident issued a disability insurance policy to Wayne N. Fleischer (the “Policy”). The Policy provides benefits for “Total Disability” when the insured “due to Injuries or Sickness [is] unable to perform the duties of your occupation.” Declaration of David J. Weinman, Exh. 1, at 4.The Policy defines the insured’s occupation as “the occupation ... in which you are regularly engaged at the time you become disabled.” Weinman Decl., Exh. 1, at 4. In his application for the Policy, Fleischer lists his occupation as “insurance agent.”
Before 1993, Fleischer was in business for at least fifteen years in Ventura County as an…