Miller v. Provident Life and Acc. Ins. Co.

Good Law
95 F.3d 1158·1996 WL 490774·1996 U.S. App. LEXIS 38210
United States Court of Appeals for the Ninth CircuitAugust 28, 199695-55654California457 words

Opinion

Opinion

95 F.3d 1158 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Erma MILLER, Plaintiff-counter-defendant-Appellant, v. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY; Provident Mutual Life, Defendants-counter-claimants-Appellees, and Isabel Howell; C. Barry Mowrey; Connie Carr, Defendants-Appellees. No. 95-55654. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 9, 1996. Decided Aug. 28, 1996. Before: D.W. NELSON, T.G. NELSON and THOMAS, Circuit Judges. 1 MEMORANDUM * 2 Appellant Erma Miller appeals a grant of summary judgment by the district court in favor of the defendants. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. 3 Miller challenges the district court's grant of summary judgment for the defendants on the question of proof of loss. Miller contends that additional proof of loss was not required once the disability was established. Miller's claim lacks merit. Under the terms of the policy the insurer can require continuing…

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