Peggy L. Jensen v. Safeco Life Insurance Company

70 F.3d 1279 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Peggy L. JENSEN, Plaintiff-Appellant, v. SAFECO LIFE INSURANCE COMPANY, Defendant-Appellee. No. 94-35598. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 16, 1995. Decided Nov. 30, 1995. Before: BROWNING, RYMER and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 The only issues presented on appeal are whether the district court correctly reviewed Safeco's decisions for abuse of discretion and whether the definition of mental illness is ambiguous. We need not reach the first issue as our resolution of the issue of ambiguity is dispositive. 3 We review the question of whether the Plan's terms are ambiguous de novo. Kunin v. Benefit Trust Life Ins. Co., 910 F.2d 534, 537 (9th Cir.1990). Any ambiguities in the Plan must be resolved in Jensen's favor. Patterson v. Hughes Aircraft Co., 11 F.3d 948, 950 (9th Cir.1993) 4 The policy's "mental illness limitation" provides: "Any total disability due…