Llewellyn

ORDER

The memorandum disposition filed December 4, 1997 is redesignated an authored opinion by Judge Merhige.

OPINION

Jay Kent Llewellyn appeals both the district court’s order granting Allmerica Financial Life Insurance and Annuity Company’s Motion for Summary Judgment and the district court’s post-judgment order denying his Motion for Relief from Judgment and for Leave to File Second Amended Answer. We affirm.

I.

This appeal involves a disability insurance coverage dispute. Jay Kent Llewellyn (“Llewellyn”), the insured, is a chiropractor who had been under investigation for work-related fraudulent activities for several years. After months of extensive investigation, the Oregon Board of Chiropractic Examiners issued a Final Order on May 23, 1991, revoking Llewellyn’s chiropractic license “as of the date of this order.” Although Llewellyn claims that he was not aware of the revocation until a week or two later, he closed his office and discontinued his chiropractic practice the next day.

On June 13, 1991, Llewellyn filed a claim for disability benefits under an insurance policy issued by Allmerica Financial Life Insurance and Annuity Co. (“Allmerica”). On the claim form, he…