Equitable

MEMORANDUM *

Martin Mason (“Mason”) appeals the summary judgment granted to Business Men’s Assurance Company of America (“BMA”) (appeal No. 00-56599) and the summary judgment granted to Equitable Assurance Society of the U.S. (“Equitable”) (appeal No. 01-55107). We reverse the summary judgment granted to BMA and affirm the summary judgment granted to Equitable.

A. No. 00-56588 — BMA

1. Facts

Mason had a two-year employment contract, dated January 10, 1997, with his employer, MMI Products Inc. (“MMI”), and received disability insurance coverage through BMA. Mason’s employment contract provided that either employee or employer could terminate the employment upon 30 days’ written notice to the other. MMI sent Mason a letter dated May 28, 1998, stating that “this letter will serve as the required 30 day notice of your termination of employment.” The letter stated that, under the terms of the employment contract, since Mason was being terminated without cause, MMI was obligated to continue Mason’s salary for the balance of the calendar year 1998. The letter also stated that Mason’s health and disability insurance would remain in effect until June 30,1998.

The record in this case…