Wiley

Wiley v. Unum Life Insurance Company of America

Good Law
United States District Court, Northern District of CaliforniaMay 18, 20223:19-cv-02756California661 words

Opinion

Trial Court Opinion

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

Plaintiff,

ORDER EXPLAINING JURY

v. INSTRUCTION

UNUM LIFE INSURANCE COMPANY

OF AMERICA,

11 Defendant.

12 This Order explains my resolution of a disputed jury instruction. 13 Plaintiff Darrell Wiley proposed a jury instruction about contract interpretation to which 14 defendant Unum Life Insurance Company of America (“Unum”) objected. See Dkt. Nos. 110, 15 115. The instruction Wiley proposed is improper. Contract interpretation is a matter of law for 16 the court, not the jury. Merced Mut. Ins. Co. v. Mendez, 213 Cal. App. 3d 41, 45 (1989). 17 I drafted an instruction about causation to address the parties’ principal disagreement and 18 invited the parties to file briefs on it, which they have done. Unum does not object to my use of a 19 proximate cause test. See Dkt. No. 125. Wiley does, arguing that “any” contribution of the injury 20 suffices. See Dkt. No. 126. 21 A proximate cause test is appropriate. To the extent that Unum…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.