Sacks

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Plaintiff Lynda Sacks seeks long term disability benefits under the Employee Retirement Income Security Act of 1974 (“ERISA”) ( 29 U.S.C. Section 1001 , et seq.). Plaintiff contends she is disabled under the terms of the Countrywide Home Loans, Inc. Long Term Disability Plan. It is undisputed that Standard Insurance Company insured benefits under, and was responsible for funding, the Plan, and made the claims determinations. After consideration of the parties’ trial briefs, the oral argument, the evidence in the Administrative Record, and the extrinsic evidence offered by Plaintiff on the issue of Standard’s conflict of interest, the Court makes the following Findings of Fact and Conclusions of Law.

FINDINGS OF FACT

The Plan

1. The policies at issue are Standard Insurance Company Group Short Term Disability Policy No. 643382-B (“STD Policy”) (001-36) , and Standard Insurance Company Group Long Term Disability Insurance Policy No. 643382-C (“LTD Policy”) (037-69) (collectively “Policies”), both of which Standard issued to Plaintiffs employer effective January 1, 2005, as amended from time to time.

2. Under the “Allocation of Authority”…