Harper
Harper v. UNUM Life Insurance Co. of America
Opinion
Opinion
Ishii, J.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
ORDER DIRECTING THE CLERK TO ENTER JUDGMENT AND CLOSE THE CASE
This is an Employee Retirement Insurance Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., case that was removed from state court by Defendant UNUM Life Insurance Company of America (“Unum”). Plaintiff Mari Harper (“Harper”) has filed an amended complaint that challenges the denial of disability benefits by Unum. In a previous motion, this Court determined that the proper standard of review is abuse of discretion. See Court’s Docket Doc. No. 34. After listening to the arguments of the parties during a bench trial, and having reviewed the record and the parties’ submissions, the Court con- eludes that Unum did not abuse its discretion in denying benefits to Harper. In support of this conclusion, the Court issues the following findings of fact and conclusions of law in accordance with Rule of Civil Procedure 52.
FINDINGS OF FACT
1. In May 2002, Plaintiff Mari Harper (“Harper”) had been employed with Doctors Medical Center of Modesto (a Tenet Healthcare Corporation subsidiary) for over 26 years; her job title as of May 2002 was “Communications Manager.” UACL 2, 4.
2. Tenet had…