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PROVIDENT LIFE & ACC. INS. CO. v. HENRY

No. SACV99-725-GLTKDV.

106 F.Supp.2d 1002 (2000)

PROVIDENT LIFE & ACCIDENT INS. CO., Plaintiff, v. John HENRY Defendant. John Henry, Counterclaimant, v. Provident Life & Accident Ins. Co., Counterdefendant.

United States District Court, C.D. California, Southern Division.

July 25, 2000.

Attorney(s) appearing for the Case

Robert E. Hess, Barger & Wolen, Irvine, CA, for Plaintiff.

David T. Bamberger, Shernoff Bidart Darras & Dillon, Claremont, CA, for Defendant.

SUPPLEMENTAL ORDER ON CROSS MOTIONS FOR SUMMARY ADJUDICATION

TAYLOR, District Judge.

On apparent first impression in the Ninth Circuit, the Court holds a disability insurance policy may condition benefits on the insured's consent to appropriate medical care, which may include surgery.

I. BACKGROUND

In 1988 Provident Life & Accident Ins. Co. issued disability coverage to the insured doctor. Since 1997 Provident has paid policy...

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