Phelps
Phelps v. Provident Life & Accident Insurance
Opinion
Opinion
Tevrizian, J.
ORDER GRANTING DEFENDANT PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY’S MOTION FOR SUMMARY ADJUDICATION OF ISSUES
I. Background
A. Factual Summary
This action is brought by Plaintiffs Ronald O. Phelps and Donna Phelps (“Plaintiffs”) against Defendant Provident Life and Accident Insurance Company (“Defendant”) for breach of contract, implied covenant of good faith and fair dealing, intentional infliction of emotional distress, negligence and declaratory relief.
The following facts are undisputed:
Plaintiff Ronald O. Phelps (“Phelps”) was issued policy number 6PC-379835 (“Policy”) effective June 28, 1979. To be entitled to total disability benefits under the Policy, Phelps needed to become “totally disabled” as that term is defined in the Policy. The Policy defines “total disability” to include, among other things, an inability to perform the substantial and material duties of Phelps’ occupation as a chiropractor. The Policy contains a 30-day waiting period with respect to each disability claim and provides for the increase in monthly benefits for each individual disability claim on an annual basis based upon Cost of Living Adjustments (“COLA”). The base monthly benefit under…