EICHACKER v. PAUL REVERE LIFE INS. CO.

No. 02-17136.

354 F.3d 1142 (2004)

Milton J. EICHACKER, Plaintiff-Appellant, v. THE PAUL REVERE LIFE INSURANCE COMPANY, Defendant-Appellee, and Unum Provident, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed January 20, 2004.


Attorney(s) appearing for the Case

Steven J. Parsons, Las Vegas, NV, for the plaintiff-appellant.

Alan D. Cates, Las Vegas, NV, for the plaintiff-appellant.

Patricia K. Norris, Phoenix, AZ, for the defendant-appellee.

Ann-Martha Andrews, Phoenix, AZ, for the defendant-appellee.

Kimberly A. Demarchi, Phoenix, AZ, for the defendant-appellee.

Scott Bales, Phoenix, AZ, for the defendant-appellee.

Before BRIGHT, D.W. NELSON, and RYMER, Circuit Judges.


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...

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