Bonnie Jue v. Unum Group

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BONNIE JUE, D.D.S, Case No. 19-cv-08299-WHO

Plaintiff, ORDER DENYING PLAINTIFF'S v. MOTION FOR PARTIAL SUMMARY

JUDGMENT AND GRANTING

UNUM GROUP, et al., DEFENDANTS’ MOTION FOR

PARTIAL SUMMARY JUDGMENT

Defendants. 11 Re: Dkt. No. 25,

12 INTRODUCTION This is an insurance disability case involving a disputed termination of disability benefits in which the parties have submitted cross motions for partial summary judgment. Plaintiff Bonnie Jue, DDS, moves for summary judgment on her claim for breach of contract on the basis that defendants Unum Group and Unum Life Insurance Company of America (“Unum”) waived the right to insist that she undergo De Quervain’s surgery as the “appropriate treatment” for her condition under her insurance policy. Unum opposes the motion and moves for summary judgment on Jue’s claim for breach of the implied covenant of good faith and fair dealing and request for…