Mogck

Mogck v. Unum Life Insurance Co. of America

Good Law
289 F. Supp. 2d 1181·2003 WL 22463376·2003 U.S. Dist. LEXIS 16730
United States District Court, Southern District of CaliforniaSeptember 16, 20033:99-cr-00201California6,578 words

Opinion

Opinion

Papas, J.

ORDER GRANTING IN PART PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES AND COSTS [DOC. NOS. 66, 80]

Plaintiff Kenneth Mogck has filed a motion for attorneys’ fees and costs in the above-captioned matter. The Court has considered the arguments raised in the briefs and finds the matter suitable for decision without oral argument. See S.D. Cal. Civ. R. 7.1(d)(1). For the reasons set forth below, Plaintiffs motion is GRANTED IN PART.

I.

BACKGROUND

The facts underlying this lawsuit arise from a March 25, 1993 motor vehicle accident in which Plaintiff sustained serious injuries. (Pl.’s Mem. at 1.) At the time of the accident, Plaintiff was insured for long term disability benefits under an insurance policy issued by Defendant UNUM Life Insurance Company of America. Defendant paid Plaintiff occupational long term disability benefits for two years, from June 25, 1993 to June 25, 1995, and then terminated payment by letter dated June 1, 1995. (Id. at 1, 2.) The letter explained that Defendant would not extend benefits past June 25, 1995 as Defendant had determined that Plaintiff no longer met the definition of disability.

After pursuing administrative remedies, Plaintiff filed suit against…

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