Douglas Burleson v. The Guardian Life Insurance Company of America

I. INTRODUCTION

This case concerns an ERISA claim that Plaintiff Douglas Burleson asserts against Defendant The Guardian Life Insurance Company of America, through which Burleson seeks an award of long-term disability benefits. The parties tried this matter before the Court in June 2024. For the reasons set forth below, the Court concludes that Burleson is not entitled to long term disability benefits.

II. FINDINGS OF FACT1

A. Plan Provisions 1. Guardian issued Group Policy No. G-00488247-GC to policyholder Trustees of the Finance, Insurance and Real Estate Industry Insurance Trust Fund, on behalf of participating employer and Plan Sponsor Nations Direct Mortgage, LLC.2 2. That insurance policy funds certain benefits available to eligible individuals under the Nations Direct Plan (the “Plan”), including long term disability (“LTD”) benefits.3 3. Under the Plan, “Total Disability or Totally Disabled” is defined as follows: [A]s a result of sickness or injury, during the elimination period and the own occupation period, you are not able to perform with reasonable continuity the substantial and material acts necessary to pursue your usual occupation and you are not…