Parker

Parker v. Vulcan Material Company Long Term Disability Plan

Good Law
670 F. Supp. 2d 983·2009 WL 4030535·2009 U.S. Dist. LEXIS 112874
United States District Court, Central District of CaliforniaSeptember 29, 2009Case EDCV 07-01512 SGL(OPx)California14,069 words

Opinion

Opinion

Larson, J.

ORDER AFTER BENCH TRIAL

This action came on regularly for bench trial before the Honorable Stephen G. Larson on May 19, 2009, with Paul Fleishman and Charles J. Fleishman on behalf of Plaintiff Janice Parker (“Parker” or “Plaintiff’) and Edith S. Shea on behalf of Defendant Vulcan Materials Company Long Term Disability Plan (“Vulcan” or “Defendant”). Plaintiff brought suit against defendant pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”). Plaintiff, as beneficiary of the relevant long-term disability benefits plan, seeks to recover benefits from July 1, 2006 (the date her long term disability benefits were terminated) to the present. The Court, having heard the evidence, finds the facts and states the conclusions of law as appears below.

I. FINDINGS OF FACT

A. Policy Provisions

On January 1, 1997, Continental Casualty Company (“Continental”) issued group long term disability insurance policy number SR 83096484 (“the Policy”). Administrative Record (“AR”) 477-515, 712-729 to benefit the employees of the former defendant Vulcan Materials Company, including plaintiff. The Hartford Life, Inc., and Hartford Life and Accident Insurance Company (“Hartford”)…

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