Henry
Henry v. Home Insurance
Opinion
Opinion
Tashima, J.
MEMORANDUM OPINION
This is an action to recover benefits under a plan governed by the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq. Defendant The Home Insurance Company (“Home”), has moved for summary judgment. For the reasons stated below, Home’s motion will be denied and the action remanded for reevaluation of Henry’s claim in a manner consistent with this opinion.
BACKGROUND
During the time frame of the underlying events, Henry was an associate attorney with the law firm of LeBoeuf Lamb Leiby & MacRae (“LeBoeuf”), in Los Angeles. Henry was insured under an Accidental Death & Dismemberment Plan (the “Plan”) maintained by his employer, and insured by Home. The Plan is an ERISA plan.
In March or April, 1993, Henry, then aged 31, alleges that he fell down a stairway in LeBoeuf s parking garage, hitting the back of his head hard enough to see stars. Henry claims he had a large bruise and bump on the back of his head, and experienced neck and back pains for several months after the fall. He did not report the incident because, at the time, he did not believe he had suffered any major injury.