Mardirossian

Mardirossian v. Guardian Life Insurance Co. of America

Good Law

457 F. Supp. 2d 1038·2006 WL 3059930·2006 U.S. Dist. LEXIS 94659

United States District Court, Central District of CaliforniaOctober 18, 2006CV 05-02871 MMMJCXCalifornia6,202 words

Opinion

Morrow, J.

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

I. FACTUAL AND PROCEDURAL BACKGROUND

On April 19, 2005, plaintiff Robert Mar-dirossian filed this action against The Guardian Life Insurance Company of America, Hirsch Pipe and Supply Co., Inc. Long Term Disability Plan, Hirsch Pipe and Supply Co., Inc. Medical Plan, Hirsch Pipe and Supply Co., Inc. Life Insurance Plan, and Hirsch Pipe and Supply Co., Inc. Pension/Retirement Plan. Mardirossian challenged the denial of his claim for long-term disability (“LTD”) benefits under an employee benefit plan established by Hirsch Pipe and Supply Company, Inc. He invoked federal jurisdiction under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (“ERISA”).

Guardian based its denial of Mardirossian’s claim on his failure to notify it of his disability within twenty days, as required by the plan. Mardirossian acknowledged that he had not provided notice until December 23, 2003, more than a year after he first experienced back pain. He argued, however, that Guardian should have considered his claim on the merits because his late notice did not prejudice its ability to investigate…

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