Where an insurer reasonably requested that a long-term disability claimant undergo an independent medical exam and provide certain raw data and the claimant refused to comply, the claimant failed to comply with two conditions precedent to coverage and therefore the claimant’s breach of policy claim failed as a matter of law and summary judgment on behalf of the insurer was proper.
Summary judgment is affirmed.
Polich v. Prudential Financial, Inc. (MLW No. 62519/Case No. 10-3100 – 5 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Southern District of Iowa, Longstaff, J. (Robert Marshall Holliday, West Des Moines, Iowa, argued for appellant; Lawrence Paul McLellan and Elizabeth N. Overton, West Des Moines, Iowa, on brief) (Debra Lynne Hulett, Des Moines, Iowa, for appellee).