Bussell

MEMORANDUM *

The plaintiff, John A. Bussell, M.D., died while this case was pending in the district court. His son, Todd Bussell, was substituted in his place, and appeals the district court’s grant of General American Life Insurance Company’s (“GALIC”) motion for summary judgment on Bussell’s claims for breach of contract and breach of the duty of good faith and fair dealing arising out of GALIC’s denial of Bussell’s claim for disability insurance benefits under an occupational disability insurance policy *814 (“the Policy”). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Because the parties are familiar with the facts, we recite them only as necessary for this decision.

The Policy contains an automatic termination provision, which provides that it will lapse upon failure to timely pay premiums. The Policy also contains a provision for the waiver of premiums as they become due when the insured is totally disabled. Under California law, a provision for such waiver of premiums lasts only until the insurer puts the insured on notice that failure to pay will result in forfeiture. See Klotz v. Old Line Life Ins. Co. of Am., 955 F.Supp. 1183, 1186…