BODAM
Bodam v. GTE, Corp.
Opinion
Opinion
Timlin, J.
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS THE THIRD CLAIM OF THE SECOND AMENDED COMPLAINT PURSUANT TO FED R CIV P 12(b)(6)
The court, Judge Robert J. Timlin, has read and considered Defendants GTE Corp., fka Continental Telecom (“GTE”), GTE Long Term Disability Plan (“LTD Plan”), and UNUM Life Insurance Company of America, erroneously sued as UN-UMProvident Life Insurance Company of America (“UNUM”) (collectively “Defendants”)^ motion to dismiss the third claim of Plaintiffs second amended complaint (“SAC”) pursuant to Fed.R.Civ.P. 12(b)(6) (“Rule 12(b)(6)”), Plaintiff Carolyn Bodam (“Bodam”)’s opposition and Defendants’ reply. Based upon such consideration, the court concludes as follows.
I.
BACKGROUND
The LTD Plan is an employee benefit plan governed by ERISA. Bodam was an employee of GTE or one of its predecessors and a beneficiary under the LTD Plan. Pursuant to the terms of the Plan, Bodam is entitled to long term disability benefits for the duration of her disability, so long as she remains totally disabled and unable to work at her own occupation or any other occupation for which she is qualified.