Equitable Life Assurance Society of the United States v. Jeffrey M. Poe

OPINION

MOORE, Circuit Judge.

Plaintiff-Appellant, Equitable Life Assurance Society of the United States (“Equitable Life”), appeals the district court’s decision granting summary judgment to defendants appellee, Jeffrey M. Poe (“Poe”), in this diversity action concerning a disability insurance contract dispute. For the reasons that follow, we affirm.

I. FACTS & PROCEDURAL HISTORY

Most of the relevant facts are undisputed. In July 1992, Equitable Life issued a disability insurance policy (the “Policy” or the “initial Policy”) to Poe, then a practicing attorney, based upon an application that was…