Bosetti v. US Life Ins. Co. in the City of New York, No. B206896
In a dispute involving disability insurance benefits, district court's judgment is affirmed in part and reversed in part where: 1) the court properly awarded summary judgment to plaintiff's former employer, as plaintiff did not demonstrate she had a reasonable cause for complaint against the employer; and 2) the court erred in granting summary judgment on the breach of contract and declaratory relief causes of action against defendant, as plaintiff raised a triable issue of fact as to whether she was entitled to extended disability payments. Defendant is entitled to summary adjudication of plaintiff's causes of action for bad faith, intentional misrepresentation, and intentional infliction of emotional distress, as well as her claim for punitive damages.
APPEAL from judgments and order of the Superior Court of Los Angeles County, Michael C. Solner, Judge. In No. B206896, appeal as to one defendant is dismissed and, as to another defendant, the judgment is reversed with directions. In No. B208835, the judgment and order are affirmed with directions.
SECOND APPELLATE DISTRICT, DIVISION THREE
Filed July 17, 2009
Before CROSKEY, J., KLEIN, P.J., ALDRICH, J.
Opinion by CROSKEY, J.
For Plaintiff: Tyron J. Sheppard.