Kent J. Wilson, D.C., P.C., an Oregon Professional Corporation v. Monarch Life Insurance Company, a Massachusetts Corporation
Opinion
Opinion
Kent J. Wilson, D.C., P.C., an Oregon professional corporation, appeals the district court’s summary judgment in favor of Monarch Life Insurance Company (“Monarch”) in Wilson’s action for breach of contract against Monarch. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.
FACTS
Wilson is a chiropractor who owned and operated a chiropractic clinic in Salem, Oregon. Monarch issued an overhead expense disability policy to Wilson on April 13,1987. On February 27, 1989, an Oregon state judge made a civil determination that Wilson and his wife had violated the Oregon Racketeer Influenced and Corrupt Organization Act, Or.Rev.Stat. §§ 166.715-166.-735, by engaging in various fraudulent billing practices and tampering with evidence and testimony.
On March 1, 1989, Wilson stopped working as a chiropractor, claiming total disability. On March 17, 1989, Wilson’s doctor determined that his mental and emotional health prevented him from working as a chiropractor. Wilson remained totally disabled until January 8, 1990.
On March 31, 1989 Wilson timely submitted his notice of claim for benefits under the Monarch overhead expense disability policy. On April 28, 1989, the state court…