METROPOLITAN LIFE INS. CO. v. KASE

No. 82-4409.

718 F.2d 306 (1983)

METROPOLITAN LIFE INSURANCE CO., Plaintiff-Appellee, v. Gary P. KASE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 12, 1983.


Attorney(s) appearing for the Case

John E. Fischer, Diepenbrock, Wulff, Plant & Hannegan, Sacramento, Cal., for plaintiff-appellee.

Carl J. Debevec, Debevec, Jackson & Stevens, Vacaville, Cal., for defendant-appellant.

Before STEWART, Retired Associate Justice, DUNIWAY, Senior Circuit Judge, and ALARCON, Circuit Judge.


DUNIWAY, Circuit Judge:

In this case, of which we have diversity jurisdiction under 28 U.S.C. § 1332, Kase appeals from a summary judgment against him and in favor of Metropolitan Life Insurance Co. We reverse.

I. Facts.

Kase was a civil service employee of the U.S. Navy. Metropolitan had issued to the Civil Service Commission a group policy, which contained certain disability provisions. In April 1974, while working as a

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