Milton J. Eichacker v. The Paul Revere Life Insurance Company, and Unum Provident

354 F.3d 1142 Milton J. EICHACKER, Plaintiff-Appellant, v. THE PAUL REVERE LIFE INSURANCE COMPANY, Defendant-Appellee, and Unum Provident, Defendant. No. 02-17136. United States Court of Appeals, Ninth Circuit. Argued and Submitted December 4, 2003. Filed January 20, 2004. Steven J. Parsons, Las Vegas, NV, for the plaintiff-appellant. Alan D. Cates, Las Vegas, NV, for the plaintiff-appellant. Patricia K. Norris, Phoenix, AZ, for the defendant-appellee. Ann-Martha Andrews, Phoenix, AZ, for the defendant-appellee. Kimberly A. Demarchi, Phoenix, AZ, for the defendant-appellee. Scott Bales, Phoenix, AZ, for the defendant-appellee. Appeal from the United States District Court for the District of Nevada; Lloyd D. George, District Judge, Presiding. D.C. No. CV-99-01586-LDG. Before BRIGHT, * D.W. NELSON, and RYMER, Circuit Judges. D.W. NELSON, Senior Circuit Judge. 1 Milton Eichacker appeals the district court's grant of summary judgment to Paul Revere Insurance Company. The district court found that Eichacker could not meet the policy's definition of disability because he did not receive a physician's care for the condition causing his disability. Eichacker argues that he did, in fact,…

Milton Eichacker appeals the district court’s grant of summary judgment to Paul Revere Insurance Company. The district court found that Eichacker could not meet the policy’s definition of disability because he did not receive a physician’s care for the condition causing his disability. Eichacker argues that he did, in fact, receive the physician’s care necessary to entitle him to benefits. We find that whether or not Eichacker met the physician’s care requirement is a disputed issue of fact that warrants a jury trial. Accordingly, we reverse the grant of summary judgment and remand for a jury trial on the question of whether Eichacker met the policy’s definition of disability.

*1144 I. Factual and Procedural History

Milton Eichaeker is a lawyer who started his own law practice in Las Vegas, Nevada. On February 13, 1996, he purchased a policy for individual disability insurance from the Paul Revere Life Insurance Company. Under the terms of the policy, Eichaeker could receive benefits if he suffered a total or residual disability.

A. The Terms of Paul Revere’s Insurance Policy

The policy defines “total disability” to require that, due to injury or sickness, the claimant is (a)…

dissenting.

I would affirm.