Cardiner
Cardiner v. Provident Life & Accident Insurance
Opinion
Opinion
Tevrizian, J.
ORDER GRANTING DEFENDANT PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY’S REQUEST. FOR JUDICIAL NOTICE; AND GRANTING DEFENDANT PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY’S MOTION FOR PARTIAL SUMMARY JUDGMENT
I. Background
A. Factual Summary
This action is brought by Plaintiff Barry M. Cardiner (“Plaintiff’) against Defendant Provident Life and Accident Insurance Company (“Provident”) for breach of contract and breach of the duty of good faith and fair dealing.
The following facts are undisputed
Provident issued individual disability Policy No. 6-835-8080449 (“Policy”) to Plaintiff effective September 24, 1987. In September 1990, Plaintiff submitted a claim to Provident contending that on or after September 21, 1990, he was totally disabled from his occupation from dys-thymic disorder and post-traumatic stress disorder (“PTSD”). His disability claim was supported by his attending psychiatrist, Dr. Davidson, who stated Plaintiff was “[u]nable to concentrate, relax, or work properly.”
On an occupational questionnaire, Plaintiff described his job duties as a stockbroker as including “cold calls” to prospects, speaking to clients trying to sell them stocks and bonds, managing…