UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

NALINI G. PREMSINGH, M.D.

and CHRISMAN-SAWYER BANK, f/k/a FIRST CITY BANK,

Plaintiffs-Appellants,

v.

UNUM LIFE INSURANCE COMPANY OF AMERICA,

Defendant-Appellee.

Case No. 96-3209

(D.C. 95-2275-EEO)

(District of Kansas)

ORDER AND JUDGMENT *

Before KELLY, HOLLOWAY, and HENRY, Circuit Judges.

Plaintiffs-appellants Nalini G. Premsingh, M.D. ("Dr. Premsingh") and Chrisman-Sawyer Bank, f/k/a First City Bank ("the Bank") appeal the district court's decision granting summary judgment to defendant-appellee UNUM Life Insurance Company of America ("UNUM"). We exercise jurisdiction under 28 U.S.C. § 1291, and we presume familiarity with the underlying, undisputed facts, as stated by the district court. See Premsingh v. UNUM Life Ins. Co. of Am., 929 F. Supp. 1391, 1393-94 (D. Kan. 1996).

On appeal, Dr. Premsingh and the Bank renew the arguments they raised in the district court. The district court rejected these arguments in a thorough, well-written opinion. In sum, the district court's reasoning was as follows: First, the policy at issue in this case unambiguously conditioned reinstatement upon payment of all premiums due for past periods of lapsed coverage. See id. at 1395-96. Second, UNUM was not estopped from denying coverage during the 1992-93 reinstatement process after having accepted Dr. Premsingh's overdue premium payment, because the policy's reasonable requirements for reinstatement had not been satisfied. See id. at 1396-98. Third and finally, no statute, contract, or actions by UNUM gave it a duty to notify the Bank, as the assignee of Dr. Premsingh's right to receive benefits under the policy, that premium payments were overdue. See id. at 1398-99.

We AFFIRM for substantially the same reasons. We DENY Dr. Premsingh and the Bank's Motion for Certification of the first two of the above three issues: there is controlling precedent on these issues in the decisions of the Kansas Supreme Court and Kansas Court of Appeals; therefore, the questions do not meet the requirements for certification. See 10th Cir. R. 27.1; Kan. Stat. Ann. § 60-3201 (1994). The mandate shall

issue forthwith.

Entered for the Court,

Robert H. Henry

Circuit Judge