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Light v. Provident Life and Accident Insurance Co.11/19/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
I. Introduction
Plaintiff, Jeffrey R. Light, M.D., appeals from a judgment entered following a jury trial on his contract breach action against defendant, Provident Life & Accident Insurance Company. The jury found that plaintiff was not totally disabled from his occupation as a pathologist under a policy issued by defendant. Plaintiff has also appealed from an order summarily adjudicating a cause of action for breach of the implied covenant of good faith and fair dealing. Finally, plaintiff has appealed from the denial of costs after the trial court ruled in his favor on a cross-complaint filed by defendant. We affirm the judgment in all respects.
II. Procedural History
A. Plaintiff's Complaint and Defendant's Cross-Complaint
Plaintiff filed this action on July 13, 1998, naming defendant and an insurance broker, J. Michael Roney, as defendants. Mr. Roney was subsequently dismissed from the action with prejudice. The complaint contained causes of action for: implied covenant breach; contract breach; negligence; fraud; and conspiracy. The complaint alleged that, prior to February 1, 1988: defendant issued a number of insurance policies, including a disability insurance policy to protect plaintiff against disability in his specialized occupation, a pathologist; defendant issued to plaintiff a second policy, a Total and Residual Disability Income Policy, with a Regular Occupation Amendment; in September 1991, plaintiff was injured in an accident; plaintiff suffered serious and permanent personal injuries, rendering him "totally disabled" within the definition of the disability policy; plaintiff submitted a claim for benefits under the policy; defendant paid total disability benefits for over six years; and defendant discontinued paying the benefits. The complaint alleged that defendant, among other things, unreasonably: failed to pay total disability benefits knowing that plaintiff was entitled to payments under the policy; delayed payments in bad faith; withheld total disability benefits; misrepresented pertinent policy provisions; and unreasonably insisted that plaintiff's claim for total disability benefits under the policy was one for residual or partial disability.
Defendant cross-complained against plaintiff for declaratory relief and restitution. Defendant alleged that: in December 1987, it issued a business buyout expense disability policy (Policy No. 6-BUY-815261) to Empire Pathology Medical Group ("Empire") of which plaintiff and Dr. Paul Boynton were partners; the policy provided for the payment of insurance proceeds to the extent that plaintiff's financial interests in Empire are purchased by the group as a result of his total disability; the policy provided for the payment of up to a $1 million directly to Empire to reimburse the group for the purchase of plaintiff's financial ownership interest in that entity; in 1995, plaintiff on behalf of Empire submitted a claim for benefits under the buyout policy; and the claim asserted that his interests in Empire were being purchased by it as a result of plaintiff's alleged total disability. In support of his claim, plaintiff represented: his financial interests were being purchased by Empire; he would no longer have a financial interest in Empire; insurance benefits would reimburse Empire for funds previously paid to him in connection wit
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