Frost

FINDINGS OF FACT AND CONCLUSIONS OF LAW

This action came on for court trial on December 20, 2006. Glenn R. Kantor and Alan E. Kassan of Kantor & Kantor, LLP appeared for Plaintiff Sandra Frost (“Plaintiff’). Julie I. LaRoe of Seyfarth Shaw LLP appeared for Defendants Metropolitan Life Insurance Company and The Wells Fargo & Company Long Term Disability Plan (collectively “Defendants”).

After considering the evidence, briefs and argument of counsel, the Court makes the following findings of fact and conclusions of law:

Findings Of Fact

I. Introduction

This is an action under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 , et seq. (“ERISA”) for recovery of long term disability benefits under a group long term disability plan issued by Metropolitan Life Insurance Company (“MetLife”) for the benefit of employees of Wells Fargo & Company (“Wells Fargo”). On April 1, 2005, Plaintiff filed a Complaint with this Court seeking review of MetLife’s cancellation of Plaintiffs long term disability (“LTD”) benefits under The Wells Fargo & Company Long Term Disability Plan (the “Plan”).

II. Facts

Plaintiff commenced her employment with Wells Fargo in 1991. In 2002,…