August

August v. Provident Life & Accident Insurance

Good Law
772 F. Supp. 2d 1197·2011 U.S. Dist. LEXIS 34906
United States District Court, Central District of CaliforniaMarch 23, 2011Case CV09-01951 DMG (SHx)California5,268 words

Opinion

Opinion

Gee, J.

ORDER RE PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT ON BREACH OF CONTRACT AND EQUITABLE ESTOP-PEL

This matter is before the Court on Plaintiffs Motion for Partial Summary Judgment on Breach of Contract and Equitable Estoppel [Doc. # 108]. The Court held a hearing on March 11, 2011. Having duly considered the respective positions of the parties, as presented in their briefs and at oral argument, the Court now renders its decision. For the reasons set forth below, Plaintiffs Motion is GRANTED.

I.

PROCEDURAL HISTORY

Plaintiff filed his Complaint on March 23, 2009 and his First Amended Complaint on August 11, 2009. Plaintiff alleges two causes of action: (1) breach of contract and (2) breach of the covenant of good faith and fair dealing.

On January 28, 2011, Plaintiff filed the subject Motion for Partial Summary Judgment. On February 4, 2011, Defendants filed an Opposition. Plaintiff filed a Reply on February 11, 2011.

II.

FACTUAL BACKGROUND

The facts material to the Court’s decision are undisputed by the parties.

A. The Disability Insurance Policy

In 1980, Plaintiff applied for and purchased a disability insurance policy from Provident Life and Accident Insurance…

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