Williamson

Williamson v. UNUM Life Insurance Co. of America

Good Law
943 F. Supp. 1226·1996 WL 648708·1996 U.S. Dist. LEXIS 19756
United States District Court, Central District of CaliforniaOctober 15, 1996CV 96-6070 DDPCalifornia1,604 words

Opinion

Opinion

Pregerson, J.

ORDER

This matter comes before the Court on Defendant UNUM Life Insurance Company of America’s (“UNUM”) Motion for Partial Summary Judgment. UNUM seeks an order stating that the appropriate standard of review in this case is abuse of discretion and that the scope of review will be limited to the administrative record. Oral argument was. heard on September 24, 1996. After consideration of the parties’ oral and written arguments and the applicable authorities, the Court denies UNUM’s motion. The Court sua sponte grants partial summary judgment in favor of Plaintiff and holds that the de novo standard of review applies to this case.

BACKGROUND

Plaintiff Sherry Williamson (“Plaintiff’) began her employment with Landmark Land Company, Inc. (“Landmark”) in 1981. By virtue of this employment, Plaintiff was covered by UNUM Long Term Disability Insur-anee Policy No. 323004 (the “Policy”) issued to Landmark by UNUM.

In 1989, Plaintiff was injured in an automobile accident. Plaintiff submitted a claim for disability benefits in October 1991. After UNUM obtained the required documentation from Plaintiff, UNUM commenced the payment of benefits.

The Policy provides that the claimant, upon…

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