Green
Green v. Sun Life Assurance Co. of Canada
Opinion
Opinion
Phillips, J.
ORDER DENYING DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT
Defendants’ Motion for Partial Summary Judgment came before the Court for hearing on August 1, 2005. After reviewing and considering all papers filed in support of, and in opposition to, the Motion, as well as the arguments advanced by counsel at the hearing, the Court DENIES Defendants’ Motion for Summary Judgment.
I. BACKGROUND
This case arises out of Defendant Sun Life Assurance Company of Canada’s denial of Plaintiff James Green’s application for long-term disability benefits in 2004. Plaintiff filed this action on August 5, 2004, under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (“ERISA”).
Defendants now move for summary judgment on the standard of review this Court should apply to Sun Life Assurance Company of Canada’s decision. Defendants filed their Motion (“Mot.”) and the Administrative Record (“Admin.R.”) in this matter on May 19, 2005, and lodged a proposed Statement of Uncontroverted Facts (“Defs.’ St.”). Plaintiff filed his Opposition (“Opp’n”) on June 27, 2005, accompanied by his Statement of Genuine Issues (“Pl.’s St.”). Defendants filed their Reply on July 22,…