Wiley

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DARRELL WILEY, Case No. 3:19-cv-02756-WHO

Plaintiff,

ORDER ON MOTIONS FOR

v. SUMMARY JUDGMENT

UNUM LIFE INSURANCE COMPANY Re: Dkt. Nos. 73, 74,

OF AMERICA,

11 Defendant.

13 Plaintiff Darrell Wiley purchased a disability insurance policy from defendant Unum Life 14 Insurance Company of America (“Unum”). In response to a claim he submitted in 2015, Unum 15 determined that he was disabled and began paying him. Under the policy, Wiley is entitled to 60 16 months of benefits if the disability is due to sickness and lifetime benefits if it is due to injury. 17 Unum eventually determined it was due to injury. Wiley filed suit, alleging that Unum breached 18 their contract and the covenant of good faith and fair dealing. 19 Unum moves for summary judgment on both claims. The motion is denied on the breach 20 of contract claim. Unum’s only asserted ground is that it has elected to pay Wiley beyond the 60- 21 month period under a reservation of rights until this lawsuit is…