Michael Nathans v. UNUM Life Insurance Company of America

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 11 CV 20-4977-RSWL-MRW x MICHAEL NATHANS, ORDER re: Plaintiff’s Plaintiff, Motion for Summary v. Adjudication [20]

UNUM LIFE INSURANCE

COMPANY OF AMERICA, Defendant. 18 Plaintiff Michael Nathans (“Plaintiff”) brings this Action [1] against Defendant Unum Life Insurance Company of America (“Defendant”), alleging state law claims for breach of contract and breach of the implied covenant of good faith and fair dealing. The Action arises out of Plaintiff’s claim for benefits under a disability insurance policy issued by Defendant. Currently before the Court is Plaintiff’s Motion for Summary Adjudication (the “Motion”), in which Plaintiff seeks a determination 28 that the subject disability policy is governed by

California law, not ERISA.

Plaintiff argues threefold in his Motion: (1) his original policy was either not part of an ERISA plan or met the “safe harbor” criteria for exemption from ERISA coverage; (2) his removal…