Hubka

AMENDED ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGEMENT

On April 18, 2001, Defendant Paul Revere Life Insurance Co. (“Paul Revere”) removed this case from the Superior Court of California. The complaint alleges that Paul Revere wrongfully terminated Plaintiffs disability benefits. On May 2, 2002, Paul Revere filed the instant motion for summary judgement, contending that under California’s “genuine issue” doctrine Paul Revere is not liable for the tort claim for breach of the implied covenant of good-faith and fair dealing, and there is not clear and convincing evidence to support the award of punitive damages. Plaintiff filed an opposition and Paul Revere filed a reply; both sides proceed through counsel. The Court has diversity jurisdiction and California law applies.

I. Background

The following facts are taken from the parties’ papers and do not represent findings of fact by the Court.

Plaintiff Dr. Mark Hubka is a chiropractic doctor who formerly owned his own practice, Chiropractic Orthopedic Group of San Diego. In May 1986, Paul Revere issued a disability insurance policy to Plaintiff. The Policy provides for monthly disability benefits of $6000 in the event of…