Alloway
Alloway v. ReliaStar Life Ins. Co.
Opinion
Opinion
Snyder, J.
Proceedings: DEFENDANT RELIAS-TAR LIFE INSURANCE CO.’S MOTION FOR SUMMARY JUDGMENT UNDER RULE 56 (filed 02/27/08)
I. INTRODUCTION
On July 28, 2006, on behalf of himself and all others similarly situated, plaintiff filed suit against defendants ReliaStar Life Insurance Company (“ReliaStar”) and Farmer Brothers Company Long Term Disability Plan (“the Farmer Brothers Plan”). Plaintiff filed a first amended complaint (“FAC”) on September 20, 2006. On December 28, 2006, the Court granted in part and denied in part defendants’ motion to dismiss the FAC. Plaintiff filed the second amended complaint (“SAC”) on March 15, 2007. On April 19, 2007, the parties stipulated to dismiss the Farmer Brothers Plan without prejudice. On May 21, 2007, the Court granted in part and denied in part ReliaStar’s motion to dismiss the SAC.
Plaintiff alleges that ReliaStar has “improperly reduced the disability income benefits of Plaintiff and other employees/participants by offsetting from those benefits any workers’ compensation disability benefits received by the employees/participants, contrary to the terms of the plans.” SAC ¶ 1. Plaintiff purports to represent a class consisting of