General American Life Insurance Company, a Mutual Life Insurance Company v. Lee H. Ofner

972 F.2d 1339 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. GENERAL AMERICAN LIFE INSURANCE COMPANY, a Mutual Life Insurance Company, Plaintiff-Appellee, v. Lee H. OFNER, Defendant-Appellant. No. 91-35329. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 10, 1992. Decided Aug. 7, 1992. Before ALARCON, RYMER and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Lee Ofner appeals from the district court's judgment following a jury verdict in partial favor of General American Life Insurance Company ("GALI"). GALI brought this action seeking a declaration that Ofner was not permanently disabled and therefore not entitled to benefits under his GALI disability insurance policy. Ofner counterclaimed for breach of the disability policy, for breach of a second GALI policy relating to business expenses ("the BOE policy"), for general bad faith damages and attorneys' fees under Texas and Montana law, and for violations of the Montana Unfair Claims Settlement…