Legal Opinion

Milton J. Eichacker v. The Paul Revere Life Insurance Company, and Unum Provident

Court of Appeals for the Ninth Circuit

Decided January 20, 2004No. 02-17136PublishedCited by 15 opinions

1Opinion of the Court

D.W. NELSON, Senior Circuit Judge.

Milton Eichacker appeals the district court’s grant of summary judgment to Paul Revere Insurance Company. The district court found that Eichacker could not meet the policy’s definition of disability because he did not receive a physician’s care for the condition causing his disability. Eichacker argues that he did, in fact, receive the physician’s care necessary to entitle him to benefits. We find that whether or not Eichacker met the physician’s care requirement is a disputed issue of fact that warrants a jury trial. Accordingly, we reverse the grant of…

2Cases cited14 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Garvey v. State Farm Fire & Casualty Co.California Supreme Court · 1989
  3. Xin Liu v. Amway Corporation Does 1-50 InclusiveCourt of Appeals for the Ninth Circuit · 2003
  4. S.D. Myers, Inc. v. City and County of San Francisco and San Francisco Human Rights CommissionCourt of Appeals for the Ninth Circuit · 2001
  5. Jeffrey Mort Pamela Mort Fred Strefling Jeffrey Tobian v. United StatesCourt of Appeals for the Ninth Circuit · 1996

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3Cited by15 opinions

  1. Metropolitan Life Insurance v. CotterMassachusetts Supreme Judicial Court · 2013
  2. Bridge v. Credit One Fin., Corp.District Court, D. Nevada · 2018
  3. Hoskins v. BAYER CORP. AND BUS. SERVICES LONG TERMDistrict Court, N.D. California · 2008
  4. Harlow v. MTC Financial Inc.District Court, D. Nevada · 2012
  5. Aaron Leigh-Pink v. Rio Properties, LLCCourt of Appeals for the Ninth Circuit · 2021

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