Baker

MEMORANDUM *

Charles J. Baker (“Baker”) appeals a summary judgment and a judgment after a bench trial in favor of USAA Life Insurance Company (“USAA”). Baker contends that USAA improperly reduced his monthly payment by treating his benefits from the Los Angeles County Employees Retirement Association (“LACERA”) as “income” under the policy, in violation of California Insurance Code Sections 10369.6 and 10369.7. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I. Facts and Procedural History

Baker is a physician who served as the Medical Director of Health Services for the Juvenile Court Division of Los Angeles County. In 1985, he purchased an individual disability insurance policy from USAA. The policy promised Baker a “Maximum Monthly Benefit” for “any calendar month ... in which [his] Income is less than 80% of [his] Pre-loss Income solely because of Injury or Sickness.” Assuming that Baker has a covered sickness or injury, his monthly benefit is determined by multiplying the “Maximum Monthly Benefit” by the ratio of his loss of “Income” to his “Pre-loss Income.” The policy further defines “income” as “the amount ... actually receive[d] ... from ... wages,…