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149 F.3d 583 David V. MCFARLAND, Plaintiff-Appellee,v.GENERAL AMERICAN LIFE INSURANCE COMPANY, Defendant-Appellant. No. 97-2905. United States Court of Appeals,Seventh Circuit. Argued Jan. 21, 1998.Decided July 6, 1998. Martin J. Mengarelli (argued), Granite City, IL, Robert Bosslet, Chapman Law Offices, Granite City, IL, for Plaintiff-Appellee. Eric D. Martin, Peper, Martin, Jensen, Maichel & Hetlage, St. Louis, MO, Richard J. Pautler (argued), Thompson & Coburn, St. Louis, MO, for Defendant-Appellant. Before RIPPLE, MANION and EVANS, Circuit Judges. RIPPLE, Circuit Judge. 1 David McFarland, a citizen of Illinois, brought an action in Illinois circuit court seeking a declaratory judgment stating that he is entitled to insurance benefits under an insurance policy issued to him by General American Life Insurance Company. General American, a Missouri corporation with its principal place of business in St. Louis, sought and obtained removal of the action to the United States District Court for the Southern District of Illinois on the basis of federal diversity jurisdiction. Upon cross-motions for summary judgment, the district court granted judgment in favor of Mr. McFarland; it held that he is entitled to disability benefits under the General American policy. General American now appeals. For the reasons stated in the following opinion, we vacate the judgment of the district court and remand for further proceedings consistent with this opinion. 2 * BACKGROUND A. Facts 3 David McFarland is the owner and operator of a heating and air conditioning business in Granite City, Illinois. In February 1989, Mr. McFarland purchased a Disability Income Policy from General American. The policy sets up two stages of coverage. First, the policy affords a type of disability coverage termed by most courts "occupational disability" insurance.1 This coverage is available under the General American policy for up to 60 months, and is triggered if Mr. McFarland is "totally disabled" such that he is "unable to perform the material and substantial duties of [his] regular occupation." R.2 Ex.A. Following the 60-month period, the General American policy provides for traditional "general disability" insurance which is available to Mr. McFarland only if he is "unable to perform the material and substantial duties of any gainful occupation in which [he] reasonably may be expected to engage." Id. 4 The issue before us today involves the first stage of coverage and therefore requires that we determine the meaning of the phrase "unable to perform the material and substantial duties of your regular occupation at the start of Disability." On his application to obtain the insurance policy, Mr. McFarland defined his occupation as "Executive-Contracting Co." and he indicated that his duties entailed "supervis[ing] corporate activities, supervisors, prepar[ing] estimates for bid." Id. 5 In October 1993, Mr. McFarland suffered a hernia. Despite the injury, he returned to work in a limited capacity on that same day. On November 27, 1993, Mr. McFarland injured his left knee; as a result, he subsequently underwent two surgeries. The knee injury caused Mr. McFarland to miss work from November 29, 1993 to December 14, 1993. Although he returned to work on