Lodha

MEMORANDUM *

Suresh Lodha, M.D., appeals the district court’s grant of summary judgment in favor of Paul Revere Life Insurance Co. and Provident Companies, Inc. (collectively “Revere”) in his diversity action alleging that Revere improperly withheld benefit payments on his non-cancelable individual disability insurance policy. We affirm.

(1) Lodha cannot prevail on his breach of contract claim because he has not shown any contractual damages. See Maxwell v. Fire Ins. Exch., 60 Cal.App.4th 1446, 1449 , 70 Cal.Rptr.2d 866, 868 (1998); see also Reichert v. Gen. Ins. Co. of Am., 68 Cal.2d 822, 830 , 442 P.2d 377, 381 , 69 Cal.Rptr. 321, 325 (1968). It is undisputed that Lodha has been paid for all periods of disability, including those for which he did not submit proof of loss forms.

(2) The district court did not err when it determined that Lodha could not prevail on his breach of the covenant of good faith claim. It is clear that there were genuine issues with respect to whether Revere’s temporary suspension of benefits was justified and whether Lodha was totally or residually disabled. The district court properly ruled as a matter of law that the insurer’s temporary denial of…