Novick
Novick v. UNUM Life Insurance Co. of America
Opinion
Opinion
Pregerson, J.
ORDER DENYING DEFENDANTS’ MOTION TO STRIKE
This matter is before the Court on Defendant UNUM Life Insurance Company of America’s (“UNUM”) Motion to Strike Portions of Plaintiff H. Peter Novick’s (“Plaintiff’) Complaint. After reviewing the materials submitted by the parties and considering the arguments therein, the Court is able to rule on the motion without oral argument. The Court denies the motion.
I. BACKGROUND
As alleged in the Complaint, UNUM issued a long term disability benefits policy to Plaintiff, a medical doctor, on January 18,1976. The policy provided for benefits if Plaintiff became totally disabled due to an accident suffered while performing the regular duties of his occupation as a surgeon. (Comply 5.) In June 1992, Plaintiff suffered a spinal injury rendering him incapable of performing his duties as a surgeon. (Comply 6.) Plaintiff later filed a claim with UNUM for benefits under the policy. (Comply 8.) UNUM approved Plaintiffs entitlement to benefits, and paid benefits until January 18, 2007. (Comply 9.) UNUM then stopped paying benefits (Comply 9.) Plaintiff alleges that UNUM’s decision to discontinue benefits was a breach of contract and a breach of the…