Continental Casualty Company v. Beelar, 21660.

• Decision Date: 26 November 1968
• Docket Number: No. 21660.,21660.
• Citation: 132 US App. DC 1,405 F.2d 377
• Parties: CONTINENTAL CASUALTY COMPANY, Appellant, v. Virginia Patterson BEELAR, M. D., Appellee.
• Court: U.S. Court of Appeals — District of Columbia Circuit

132 US App. DC 1, 405 F.2d 377 (1968)

CONTINENTAL CASUALTY COMPANY, Appellant, v. Virginia Patterson BEELAR, M. D., Appellee.

No. 21660.

United States Court of Appeals District of Columbia Circuit.

Argued June 13, 1968.

Decided November 26, 1968.

Mr. William Clague, Washington, D. C., with whom Mr. Francis C. O'Brien, Washington, D.C., was on the brief, for appellant.

Mr. Herbert E. Marks, Washington, D.C., with whom Mr. Angelo A. Iadarola, Washington, D.C., was on the brief, for appellee.

Before BAZELON, Chief Judge, BASTIAN, Senior Circuit Judge, and ROBINSON, Circuit Judge.

PER CURIAM:

This action was brought to recover benefits allegedly due under a group disability income policy issued by the appellant. The District Court granted plaintiff's motion for summary judgment. Defendant attacks the order solely on the issue of plaintiff's eligibility for coverage under the policy provision requiring her to be "actively performing the full-time duties of her occupation."

Plaintiff, a licensed physician, practiced privately from 1949 to 1961, at which time she suspended her practice to undergo a back operation. During her convalescence she moved her office, making substantial investments in space, alterations, and equipment. She notified her patients in March of 1962 that she was returning to practice, and actually began seeing patients on September 7, 1962. On September 24, plaintiff applied for the insurance policy involved, which was advertised as available to members of the American Medical Association "regardless of your past medical history." Defendant's application form contained the question, "Are you now actively engaged in your occupation on a full time basis?" to which plaintiff answered "yes." Defendant issued its policy effective October 15, 1962, containing the following provision: "`Eligible Member' * * * means a member of the A.M.A. * * * who is actively performing the full-time duties of his occupation."

From September 1962 until March 1963 (except for an absence during November and December for a neck operation) plaintiff spent full days at her office five days per week and additional time on weekends, seeing an average of about 20 paying patients per month, most of whom she examined exhaustively. She did much of her own laboratory work (to aid diagnosis) and office work (apparently to reduce overhead). In March 1963, plaintiff was forced to discontinue her practice because of pain and complications resulting from the November neck surgery. Her claim under the policy was rejected.

Defendant does not contest these facts but rather contends: (1) that it is reasonable to infer that plaintiff never intended to reestablish a full-time active practice,¹ (2) that this presents a genuine issue of material fact, and (3) that summary judgment was therefore improperly granted. Although we agree with the first contention, we are not persuaded that the conflicting inferences pose a material fact issue. Accordingly, we affirm.

On a motion for summary judgment, any inferences to be drawn from the underlying facts must be viewed in the light most favorable to the party opposing the motion. United States v. Diebold, Inc., 369 U.S. 654, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962); Isen v. Calvert Corp., 126 U.S.App.D.C. 349, 379 F.2d 126 (1967). If the inferences thus drawn would preclude a judgment for the movant, then a genuine issue of material fact exists and summary judgment must be denied. In our opinion, however, the inferences most favorable to defendant in this case would not preclude recovery by plaintiff, because we interpret the policy to make irrelevant plaintiff's state of mind.

Since no extrinsic evidence was adduced concerning the intent of the parties, the construction of the phrase "actively performing the full-time duties of his occupation" is for the court. Hamilton v. Liverpool, London & Globe Ins. Co., 136 U.S. 242, 255, 10 S.Ct. 945, 34 L.Ed. 419 (1890); Porello v. United States, 94 F.Supp. 952, 954 (S.D.N.Y.1950). We are guided in this task by the rule of construction that ambiguities in insurance contracts are resolved favorably to the insured (Langdon v. Maryland Cas. Co., 123 U.S.App.D.C. 140, 357 F.2d 819 (1966); Love v. American Cas. Co., 113...