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Curry v. Trustmark Insurance Co.

United States District Court, Fourth Circuit

July 15, 2013

MARTIN JENNINGS CURRY, D.C., Plaintiff
v.
TRUSTMARK INSURANCE COMPANY, Defendants

MEMORANDUM

JAMES K. BREDAR UNITED STATES DISTRICT JUDGE

Martin Jennings Curry (“Plaintiff”) brought this suit against Trustmark Insurance Company and Continental Assurance Company (“Defendants”) alleging breach of contract. Now pending before the Court is Defendants’ motion for summary judgment (ECF No. 52). The issues have been briefed and no hearing is required. Local Rule 105.6. For the reasons set forth below, Defendants motion for summary judgment will be GRANTED.

I. BACKGROUND

Plaintiff is a chiropractor who “was injured on November 25, 2003 while performing chiropractic services on a patient in Salisbury, Maryland.” (Compl. ¶ 6, ECF No. 1.) In 1989, Plaintiff purchased a disability insurance policy (the “Policy”) from Defendants.[1] The relevant provisions of the Policy are as follows:

PART 1: DEFINITIONS
“Total Disability” means that because of Injury or Sickness:
(1) You cannot perform the substantial and material duties of Your regular occupation . . .; and
(2) You are receiving care by a Physician which is appropriate for the condition causing Your Disability. You do not need to be under a Physician’s care on a regular basis if You can show that further recovery is not expected.
PART 4: CLAIMS WRITTEN NOTICE OF CLAIM
Written notice of claim must be given to Us within 30 days after a covered loss starts, or as soon as reasonably possible…
CLAIMS FORMS
After We receive the written notice of claim, We will send You Our proof of loss forms within 15 days. If We do not, You will meet the Written Proof of Loss requirements if You send Us, within the time set forth below, a ...

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