John P. Salas v. The Minnesota Mutual Life Insurance Company, a Corporation

39 F.3d 1188 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John P. SALAS, Plaintiff-Appellant, v. The MINNESOTA MUTUAL LIFE INSURANCE COMPANY, a corporation, Defendant-Appellee. No. 93-55580. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 7, 1994. Decided Oct. 24, 1994. Before: FLETCHER, BOOCHEVER, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 John P. Salas appeals the entry of summary judgment denying his claims against Minnesota Mutual Life Insurance Company. Salas injured his shoulder when he suffered an alcohol-related seizure and fell off a bench. He argues that the district court erred in holding that Minnesota Mutual did not breach the insurance contract and did not act in bad faith when it denied his claim for disability benefits on the ground that the injury was caused by sickness and not by an accident. We affirm. 3 1. Salas had the burden of demonstrating that his injury was proximately caused by an accident rather than by an…