Mahan v. UNUM Life Insurance Company of America
Filing
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Order by Hon. Vince Chhabria denying 143 Motion for Reconsideration.(knm, COURT STAFF) (Filed on 8/25/2015)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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NANCY MAHAN,
Case No. 13-cv-04803-VC
Plaintiff,
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v.
ORDER DENYING MOTION FOR
RECONSIDERATION
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UNUM LIFE INSURANCE COMPANY OF
AMERICA,
Re: Dkt. No. 143
Defendant.
United States District Court
Northern District of California
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Mahan has moved for reconsideration of this court's June 24, 2015 order granting summary
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judgment for the defendants. Mahan doesn't raise any arguments she couldn't have raised before.
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And in any event, the primary premise of her motion for reconsideration, namely, that Ninth
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Circuit law barred application of a contractual limitations provision like the one in this case, is
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incorrect. In Heimeshoff v. Hartford Life & Acc. Ins. Co., 134 S.Ct. 604, 610 (2013), the Supreme
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Court implied that Price v. Provident Life & Acc. Ins. Co, 2 F.3d 986 (1993) was the law of the
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Ninth Circuit until 2013, but that is not correct. See, e.g., Wetzel v. Lou Ehlers Cadillac Grp.
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Long Term Dis. Ins., 222 F.3d 643, 650 (9th Cir. 2000); Wetzel, 222 F.3d at 651 (Fletcher, W.,
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concurring); Scharff v. Raytheon Co. Short Term Dis. Plan, 581 F.3d 899, 907 (9th Cir. 2009);
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Sousa ex rel. Will of Sousa v. Unilab Corp. Class II Members Grp. Benefit Plan (Non-Exempt),
252 F.Supp.2d 1046, 1054-55 (E.D. Cal. 2002); Lee v. Metro. Life Ins. Co., 2015 WL 577078, at
*2 (N.D. Cal. Feb. 11, 2015).
The motion is denied. The hearing scheduled for September 24, 2015 is vacated.
IT IS SO ORDERED.
Dated: August 24, 2015
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VINCE CHHABRIA
United States District Judge
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