Harris v. Unum Life Insurance Co. of America
Opinion of the Court
MEMORANDUM
William A. Harris appeals the district court’s grant of summary judgment on his complaint alleging wrongful denial of his disability claim. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm, though for a different reason than that given by the district court. We review the district court’s grant of summary judgment de novo.
To the extent UNUM’s plan is ambiguous, it must be interpreted against the insurer.
Harris’s arguments that UNUM’s investigation was inadequate fail. He asserts, among other things, that UNUM should have obtained records from the Social Security Administration and should have contacted Dr. Schwartz directly. UNUM did obtain the Social Security Administration records, which included the records of Dr. Schwartz. Dr. Schwartz’s records clearly showed only one appointment during the period after Harris’s release from the residential program. UNUM had no reason to doubt the completeness of Dr. Schwartz’s records at the time of its investigation. Its failure to contact the physician was reasonable under the circumstances.
Harris contends that UNUM should have investigated his deposition testimony. However, “[i]n evaluating the evidence to see if there was any unreasonable conduct by the Company, it is essential that no hindsight test be applied.”
UNUM obtained records and conducted its own in-house medical review of
For the foregoing reasons, we AFFIRM.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
. Clicks Billiards, Inc. v. Sixshooters, Inc., 251 F.3d 1252, 1257 (9th Cir. 2001).
. Id.
. Guidroz-Brault v. Missouri Pac. R.R. Co., 254 F.3d 825, 829 (9th Cir. 2001).
. Healy Tibbets Constr. Co. v. Employers' Surplus Lines Ins. Co., 72 Cal.App.3d 741, 749, 140 Cal.Rptr. 375 (1977).
. See Austero v. Nat’l Cas. Co., 84 Cal.App.3d 1, 35-36, 148 Cal.Rptr. 653 (1978), overruled in part on other grounds by Egan v. Mut. of Omaha Ins. Co., 24 Cal.3d 809, 169 Cal.Rptr. 691, 620 P.2d 141, 149 n. 7 (1979).
. Id.
. Id. at 32, 169 Cal.Rptr. 691, 620 P.2d 141.
Reference
- Full Case Name
- William A. HARRIS, an individual, Plaintiff—Appellant v. UNUM LIFE INSURANCE COMPANY OF AMERICA
- Status
- Published