Scott

MEMORANDUM *

Daniel and Joan Scott appeal the summary judgment in favor of Paul Revere *786 Insurance Group, Paul Revere Life Insurance Company, and Provident Companies, Inc. (collectively “Paul Revere”) in the Scotts’ action alleging that Daniel Scott (“Scott”) was wrongfully denied total disability benefits under a disability insurance policy issued by Paul Revere. We apply California law and we affirm.

It is undisputed that Scott was employed as the branch manager of a bank and became totally disabled for a period of time as a result of an armed bank robbery. Paul Revere discontinued Scott’s total disability benefits upon finding out that Scott was employed as a manager in a different industry.

The district court denied Scott’s claim for total disability benefits, holding that under the unambiguous terms of the policy, Scott was required to show that he could not perform all of the “important duties” of his “regular occupation.” The district court’s conclusion that the policy is unambiguous rested on an examination of the policy as a whole, which establishes separate requirements for residual as opposed to total disability. The court held that Scott could perform important…