Pak, M.D. v. Guardian Life Insurance Company of America

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOHNATHAN PAK, M.D., Case No. 21-cv-05032-WHO

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION FOR

SUMMARY JUDGMENT

GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Re: Dkt. No. 54 11 Defendant.

12 Defendant Guardian Life Insurance Company of America (“Guardian”) moves for summary judgment of two claims brought by defendant Johnathan Pak, who alleges that Guardian breached their insurance contract and the covenant of good faith and fair dealing when it denied Pak total disability benefits, awarding residual benefits instead. Pak, who now concedes that his occupation at the time of his disability was both general and pediatric anesthesiology, has proffered sufficient evidence showing a genuine dispute of material fact over whether he was able to perform the substantial and material duties of his occupation in the usual and customary manner with relative continuity. Guardian’s motion is therefore with respect to the breach…