Brenner

MEMORANDUM *

Martin A. Brenner, M.D., appeals from the grant of partial summary judgment in favor of Provident Life and Accident Insurance Company on his claims of breach of the implied covenant of good faith and fair dealing and for punitive damages. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse in part, vacate in part, and remand.

Brenner worked as a clinical psychiatrist at Vista Del Mar Hospital. On December 16, 1992, Provident issued a disability income policy to Brenner. The policy provides:

The policy further provides:

Brenner provided Provident notice of his disability claim on June 9, 1998. His treating physician, Dr. Barry Chaitin, completed the attending physician statement, verifying his disability as Anxiety Disorder and concluding that Brenner was unable to perform the job duties of his occupation. Brenner was then referred to another psychiatrist, Dr. Russell Christopher, for ongoing care. Dr. Christopher diagnosed Brenner with Generalized Anxiety Disorder (GAD), which rendered Brenner unable “to perform any job duties at this time.”

In October 1998, Provident began investigating Brenner’s claim, and commenced payment of disability…