Michael A. Clark v. Massachusetts Mutual Life Insurance Company

HENLEY, Senior Circuit Judge.

Michael Clark appeals from the district court’s dismissal, with prejudice, of his suit in diversity on a disability insurance policy issued to him by Massachusetts Mutual Life Insurance Company. Arkansas law governs the case. The district court held that timely furnishing of adequate proof of loss by the insured prior to filing suit was a condition precedent to recovery under the policy, and that Clark had failed to comply substantially with the policy’s proof of loss requirements. The district court also held that even if the proof of loss provisions were…