Bravo

Bravo v. US LIFE INS. CO. IN CITY OF NY

Good Law
701 F. Supp. 2d 1145·2010 WL 1236405·2010 U.S. Dist. LEXIS 29028
United States District Court, Eastern District of CaliforniaMarch 26, 2010CIV S-08-1982 LKK/EFBCalifornia8,505 words

Opinion

Opinion

Karlton, J.

ORDER

This is a state law disability insurance benefits action. After plaintiff collected total disability benefits for one year, defendant insurer terminated her benefits, claiming that plaintiff was not totally disabled. Plaintiff filed suit for breach of contract and insurance bad faith, i.e., tortious breach of the implied covenant of good faith and fair dealing. Before the court is defendant’s motion for summary judgment. The court resolves the matter on the papers and after oral argument. For the reasons explained herein, defendant’s motion is denied.

I. BACKGROUND

A. Summary

Plaintiff began working for the Stockton Unified School District in 1993. Her duties were essentially constant, although her job title changed several times over the years. As described by her employer, plaintiffs “essential job functions” included “exercise manual dexterity necessary to operate typewriter/computer or calculator,” “sit for long periods of time,” “make arithmetic computations manual or with calculator, [sic]” and “type at a speed of 40 wpm and operate other common office equipment.” Pl.’s Ex. 7, 228. In a form submitted in connection with plaintiffs disability application, plaintiffs…

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