Phelps v. Unum Provident Corp.

SUTTON, Circuit Judge.

Richard Phelps contends that the district court erred in granting summary judgment to his insurer on his bad-faith, denial-of-coverage claim and in awarding prejudgment interest on his successful contract claim at the rate of 8% (rather than 12%) per annum. We affirm.

I

After graduating from dental school in 1977 at the age of 32, Richard Phelps purchased an individual “own occupation” disability policy from an insurance company now known as Unum Life Insurance Co. of America, a subsidiary of Unum Provident Corp (collectively, Unum). The policy provided $1,000 per month in…