[T][U] Miller v. Provident Life and Accident Insurance Co‪.‬

MEMORANDUM* Appellant Erma Miller appeals a grant of summary judgment by the district court in favor of the defendants. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Miller challenges the district court's grant of summary judgment for the defendants on the question of proof of loss. Miller contends that additional proof of loss was not required once the disability was established. Miller's claim lacks merit. Under the terms of the policy the insurer can require continuing proof of loss. Also, California law establishes that disability insurers can make reasonable requests for proof of continuing disability. Erreca v. Western States Life Ins. Co., 19 Cal. 2d 388, 121 P.2d 689 (Cal. 1942). In addition, neither Miller nor Stites responded to Provident's numerous requests for proof of disability by taking the position that Provident was not entitled to request them, but rather submitted incomplete and inadequate materials. Because the record fails to indicate that Miller submitted adequate proof of continuing disability, the district court did not err in granting summary judgment for the defendants.