Kelly

ORDER

The matter before the Court is Defendant Provident Life and Accident Insurance Company’s Motion for Summary Judgment. (Doc. # 106).

BACKGROUND

Plaintiff initiated this action relating to his own-occupation disability insurance policy with Defendant by filing his complaint on April 19, 2004. (Doc. # 1). Plaintiff alleged three claims: (1) rescission of an August 2001 settlement agreement ending prior litigation between the parties in this district; (2) breach of disability insurance contracts; and (3) breach of the implied covenant of good faith and fair dealing. Id. at ¶¶ 53-75. On August 13, 2004, this Court dismissed Plaintiffs claims with prejudice, holding Plaintiffs breach of contract and bad faith claims were barred by the statute of limitations and that Plaintiffs rescission claim failed to allege sufficient facts to establish undue influence pursuant to Odorizzi v. Bloomfield School Dist., 246 Cal.App.2d 123, 130 , 54 Cal.Rptr. 533 (1966). (Doc. # 21 at 5-8). On October 16, 2007, the United States Court of Appeals for the Ninth Circuit reversed this Court’s decision in an unpublished memorandum disposition, holding that the seven factors listed in Odorizzi were…