Pengilly

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS IN PART AND FOR PARTIAL SUMMARY JUDGMENT and DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

This matter now comes before the Court on Defendant’s Motion to Dismiss in part and for Partial Summary Judgment and on Plaintiffs Motion for Partial Summary Judgment. Having read and considered all the papers submitted by the parties, and being fully informed, the Court hereby GRANTS Defendant’s Motion to Dismiss in part and for Partial Summary Judgment and DENIES Plaintiffs Motion for Partial Summary Judgment.

I. BACKGROUND

Plaintiff J. Ronald Pengilly worked as a lawyer for Pettit & Martin for 38 years. Pettit & Martin provided long term disability benefits to its employees through a long-term disability plan (LTD) it purchased from the defendant, The Guardian Life Insurance Company of America. Under this LTD, an eligible employee with a long term disability receives a monthly payment equal to 66 2/3% of his “prior monthly earnings.” The maximum monthly benefit is $22,000.00. (Selden Decl. in Support of Pl.’s Mot for Partial Summ. J., Ex. 1 at p. 4). “Monthly earnings” means “an employee’s rate of monthly earnings. Bonuses,…