Dym
Dym v. Provident Life & Accident Insurance
Opinion
Opinion
Miller, J.
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT
Plaintiff, Dr. Jack Dym, has sued his disability insurance carrier, Provident Life and Accident Insurance Company (“Provident”), alleging insurance bad faith as well as claims for fraud and intentional infliction of emotional distress. Provident has filed a counterclaim in which it seeks a declaration that plaintiff is not entitled to total disability benefits because he is not totally disabled under the terms of his policies. Provident has filed a motion for summary judgment. For the reasons set forth below, Provident’s motion will be granted.
BACKGROUND
Plaintiff is a board certified gynecologist. Effective October 1, 1997, Provident issued plaintiff a disability income insurance policy. Effective January 1, 1988, Provident issued plaintiff a second disability income insurance policy. The policies provide in relevant part:
Total Disability or totally disabled means that due to Injuries or Sickness:
Prior to an automobile accident on January 13, 1996, plaintiff’s professional time was divided between a private practice and employment with Planned Parenthood. In his private practice, plaintiff practiced as a gynecological surgeon.…