Unum Life Insurance Company, Plaintiff/counter-Defendant/appellee v. Michael v. Elam, M.D., Defendant/counter-Claimant/appellant

81 F.3d 171 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNUM LIFE INSURANCE COMPANY, Plaintiff/Counter-Defendant/Appellee, v. Michael V. ELAM, M.D., Defendant/Counter-Claimant/Appellant. No. 94-56299. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 8, 1996. Decided April 3, 1996. Before: CANBY, BOOCHEVER, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Unum Life Insurance Company ("Unum") filed a declaratory judgment action seeking a declaration of its rights and obligations under a disability policy issued to Michael Elam, a cosmetic surgeon. The district court granted Unum's motion for summary judgment, finding that Elam was not entitled to benefits under the terms of the policy. We affirm. 3 A grant of summary judgment is reviewed de novo. Warren v. City of Carlsbad, 58 F.3d 439, 441 (9th Cir.1995), cert. denied, 64 U.S.L.W. 3623 (U.S. Mar. 18, 1996) (No. 95-481). We must determine, viewing the evidence in the light most favorable to Elam,…