Segal

MEMORANDUM **

Correctly concluding that no material issues of fact remained for trial, the district court properly granted summary judgment to Massachusetts Mutual Life Insurance Company (“Mass Mutual”). The district court correctly interpreted the unambiguous terms of the policy. The recurrent disability provision takes into account the earlier disability period with respect to the calculation of certain time periods, but did not forever establish the applicable benefit payment amount or the applicable benefit period for that recurrent injury. Pursuant to the terms of the policy, the amount of benefits and the benefit period could be changed at the insured’s election, as they were in this case, and this intervening change was effective at the time Segal’s disability recurred. As Mass Mutual effectively reissued the disability policy in its entirety, Cal. Ins.Code § 10321, which applies to changes “after issuance,” is inapplicable. The district court also properly concluded that the modified policy was not an unenforceable exclusion of existing benefits without notice, but simply a change of benefits at the insured’s specific request.

Segal has waived his argument that the…