Giddens v. Equitable Life Assurance Society of the United States

HULL, Circuit Judge:

In this diversity case, plaintiff Dr. Allen Giddens (“Giddens”) sued defendant The Equitable Life Assurance Society of the United States (“Equitable”) for disability benefits under two policies. The district court granted partial summary judgment in favor of Equitable and partial summary judgment in favor of Giddens, concluding that Giddens was entitled to payment under the policies for one of his claims. Equitable appeals the grant of summary judgment to Giddens and the denial of its summary judgment motion.

I. BACKGROUND

In 1986 and 1988, Equitable issued two disability…