Leung

Leung v. Skidmore, Owings & Merrill LLP.

Good Law

213 F. Supp. 2d 1097·2002 WL 1340303·2002 U.S. Dist. LEXIS 10947

United States District Court, Northern District of CaliforniaJune 12, 2002C 00-03844 CRBCalifornia3,849 words

Opinion

Breyer, J.

MEMORANDUM AND ORDER

Rowena Leung (“Mrs.Leung”) filed this suit to collect on life insurance benefits under a policy that her husband, now deceased, had with his employer, Skidmore, Owings, & Merrill LLP (“SOM”). Mrs. Leung has named SOM, Skidmore, Owings & Merrill Group Life Insurance Plan (the “Insurance Plan”), and Connecticut General Life Insurance Company (“Connecticut General”) and their parent CIGNA as defendants.

At a hearing on May 24, 2002, the Court granted plaintiffs motion to amend her complaint. The amended complaint states three causes of action. Now before the Court are defendants’ motions to dismiss. For the reasons stated below, summary judgment in favor of all defendants is hereby GRANTED.

BACKGROUND

SOM hired Edmund Leung as a structural engineer in 1968. He received long-term disability (“LTD”) and life insurance benefits through SOM’s cafeteria plan. In August 1989, Mr. Leung’s physician, Dr. Robert Kubin, diagnosed severe hypertension and Mr. Leung left work. Mr. Leung’s symptoms included severe memory loss, speech difficulties, and incontinence. Because he was unable to return to work within a year, Mr. Leung was terminated on August 7, 1990. With the…

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