Rombeiro

ORDER RE: NEXT LEVEL DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT; UNUM DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT; AND PLAINTIFF’S MOTION FOR LEAVE TO FILE FOURTH AMENDED COMPLAINT

On December 16, 2010, the Court heard argument on the three currently pending motions: (1) the motion for summary judgment filed by defendants Next Level Communications and Next Level Communications Group Long Term Disability Plan; (2) the motion for summary judgment filed by defendants Unum Life Insurance Company of America, Unumprovident Corp., Paul Revere Life Insurance Co., and Provident Life & Accident Insurance Co.; and (3) the motion for leave to file a fourth amended complaint filed by plaintiff. Having considered the arguments of counsel and the papers submitted, the Court hereby rules as follows.

BACKGROUND

Plaintiff Edmundo M. Rombeiro participated in a long term disability insurance plan that his employer, defendant Next Level Communications (“Next Level”), established for the benefit of its employees. Defendant Next Level established the Next Level Communications Group Long Term Disability Plan (“Plan”). The Plan then provided benefits and was funded through the purchase of an insurance policy…