Caplan

Caplan v. CNA Financial Corp.

Good Law
573 F. Supp. 2d 1244·2008 WL 3970864·2008 U.S. Dist. LEXIS 78211
United States District Court, Northern District of CaliforniaAugust 20, 2008C 06-5865 CWCalifornia3,846 words

Opinion

Opinion

Wilken, J.

ORDER GRANTING IN PART PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES AND DENYING DEFENDANTS’ CROSS-MOTION FOR ATTORNEYS’ FEES

Plaintiff David Caplan moves for an award of attorneys’ fees and costs incurred in prosecuting this action and for an award of pre-judgment interest. Defendants Hartford Life Group Insurance Company (Hartford) and CNA Long-Term Disability Plan (the Plan) oppose this motion and cross-move to recover attorneys’ fees incurred in defending against Plaintiffs claim for breach of fiduciary duty. The matter was taken under submission on the papers. Having considered all of the papers submitted by the parties, the Court grants Plaintiffs motion in part and denies Defendants’ motion.

BACKGROUND

Plaintiff brought this lawsuit seeking both short-term disability (STD) and long-term disability (LTD) benefits under plans offered by his former employer. He subsequently settled his claim for STD benefits. On April 4, 2008, 544 F.Supp.2d 984 , the Court granted in part Plaintiffs motion for judgment, ordering Hartford, the Plan’s administrator, to provide him with LTD benefits for a period of one year under the “own occupation standard.” The Court also remanded Plaintiffs claim…

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