Lundquist
Lundquist v. Continental Casualty Co.
Opinion
Opinion
Olguin, J.
ORDER REVERSING ADMINISTRATIVE DETERMINATION RE: ERISA BENEFITS
INTRODUCTION
This is a claim for the recovery of benefits under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 , et seq. For the reasons set forth below, the administrative decision to terminate benefits is reversed.
PROCEEDINGS
On December 17, 2002, plaintiff Lorene Lundquist (“plaintiff’ or “Lundquist”) commenced this action by filing a “Complaint For Breach Of Employee Retirement Income Security Act Of 1974” (“Complaint”), asserting that her disability benefits were improperly terminated in violation of ERISA. In her Complaint, plaintiff named as defendants Continental Casualty Company (“CNA”) and Blue Cross of California Disability Plan. Plaintiff requests the following relief: (1) a declaration that she is disabled under the terms of the relevant disability plan and entitled to continued disability benefits; (2) payment of disability benefits due, including all prejudgment and postjudgment interest, from the date her benefits were terminated; (3) attorney fees and costs pursuant to 29 U.S.C. § 1132 (g)(1); and (4) any further relief the court deems just and proper.