Scammacca

MEMORANDUM **

*609 John Scammacca left his position as general manager of Coastal Chemical due to stress-induced physical and psychological ailments. Pursuant to his occupational disability insurance policy (the “Policy”), he submitted a claim to Royal Maccabees Life Insurance Company (“RMLIC”) for total disability benefits. RMLIC denied his claim because he could perform at least one of his job functions on a part-time basis.

Scammacca sued RMLIC to recover total disability benefits and for bad faith and punitive damages. We affirm the district court’s grant of summary judgment in favor of RMLIC on Scammacca’s residual disability benefits, bad faith, and punitive damages claims. We reverse the district court’s holding that, as a matter of law, Scammacca was not eligible for total disability benefits, and remand to the district court for trial on the underlying factual question of whether he is disabled.

I

We review de novo the district court’s grant of summary judgment, viewing the evidence in the light most favorable to Scammacca. See Rano v. Sipa Press, Inc., 987 F.2d 580, 584 (9th Cir. 1993).

A. Total Disability Benefits.

Under the Policy, Scammacca is entitled to…