Heaton v. Prudential Insurance Co. of America

Good Law
359 F. App'x 847
United States Court of Appeals for the Ninth CircuitDecember 21, 200908-55874California508 words

Opinion

Opinion

ORDER

The memorandum disposition filed on November 23, 2009, is amended. An amended memorandum disposition will be filed concurrently with this order. With these amendments, the panel has voted to deny the petition for rehearing as moot. No further petitions for rehearing or rehearing en banc may be filed.

AMENDED MEMORANDUM

Susan Heaton appeals the district court’s order granting defendants’ motion for summary judgment. Because the record manifests a genuine factual dispute about whether Heaton became totally disabled while she was a full-time Isis employee, summary judgment was improper. We vacate the judgment below and remand for further proceedings.

Heaton’s eligibility for benefits turns on whether she met her long-term disability plan’s definition of “total disability” while she was a full-time Isis employee covered by the plan.

A factual dispute over the extent of Hea-ton’s disability arose before Heaton’s last day of full-time employment at Isis on April 27, 2000, when she was indisputably a “Covered Person” under the plan. Prudential and Isis do not dispute that Heaton continued to work at her own occupation through April 27, 2000.

Whether Heaton met the plan’s…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.