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KELLY v. PROVIDENT LIFE AND ACC. INS. CO.

Case No. 04cv807 WQH (BGS).

734 F.Supp.2d 1085 (2010)

Richard Howard KELLY, an individual, Plaintiff, v. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, an insurance company; Does 1-50, Defendants.

United States District Court, S.D. California.

August 12, 2010.

Attorney(s) appearing for the Case

Aaron Markowitz, Neal A. Markowitz, Carcione, Cattermole, Dolinski, Okimoto, Stucky, et al., Redwood City, CA, for Plaintiff.

Keiko J. Kojima, Stephen H. Galton, Burke Williams & Sorenson LLP, Los Angeles, CA, for Defendants.

ORDER

HAYES, District Judge.

The matter before the Court is Defendant Provident Life and Accident Insurance Company's Motion for Summary Judgment. (Doc. # 106).

BACKGROUND

Plaintiff initiated this action relating to his own-occupation disability insurance policy with Defendant by filing his complaint on April 19, 2004. (Doc. # 1). Plaintiff alleged three claims: (1) rescission of an August 2001 settlement agreement ending prior litigation...

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