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Provident Life and Accident Insurance Co. v. Goel

The application attached to or giving rise to an insurance policy is a part of the insurance contract, and the policy should be construed together with the application.

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Appeals from the United States District Court for the Southern District of Mississippi

After suffering an injury to his hand that prevented him from performing surgery, Dr. Dinesh K. Goel sought disability benefits under a policy issued by Provident Life and Accident Insurance Company (“Provident”). Although it paid on the claim, Provident reserved its rights and ultimately brought this declaratory judgment action to rescind the policy, contending that Dr. Goel did not satisfy a condition precedent to coverage by failing to cancel a disability policy he held with another insurer. The district court granted summary judgment to Provident and denied Dr. Goel’s subsequent motion for relief from judgment. Our consideration of the record, the briefs, and the arguments presented by both parties convinces us that summary judgment was appropriate. We further find that the district court did not abuse its discretion in denying Dr. Goel’s Rule 60(b) motion for relief from judgment. Accordingly, we affirm.

I. FACTS AND PROCEDURAL HISTORY

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