James E. Elam v. First Unum Life Insurance Company

Summary

The court held that summary judgment was improper because the parties relied on conflicting extrinsic evidence concerning whether bipolar affective disorder falls within the policy's definition of mental illness. Although the policy language was not ambiguous on its face, the conflicting evidence created a factual question for the jury. The judgment for First Unum was reversed and the case was remanded for trial.