Nichols
Nichols v. Unum Life Insurance Co. of America
Opinion
Opinion
Breyer, J.
MEMORANDUM AND ORDER
In this ERISA lawsuit plaintiff brings suit to recover plan death benefits and prejudgment interest from defendant. After defendant filed an interpleader, plaintiff stipulated to release defendant from all liability, excluding plaintiff’s claim for interest. Now before the Court is plaintiffs motion for summary judgment on the issue of prejudgment interest. After carefully considering the papers filed by the parties, the Court concludes that oral argument is unnecessary, see Local Rule 7 — 1(b), and GRANTS plaintiffs motion in part. Plaintiff is entitled to prejudgment interest in the amount of $10,132.81.
BACKGROUND
Decedent Larry Nichols worked for Pacific Lumber Company, a subsidiary of Maxxam, Inc. Maxxam offered its employees a Group Accidental Death insurance policy (“the Policy”) through UNUM Life Insurance Company of America (“UNUM”). The Policy provided benefits in the event of the accidental death of the policy holder. Decedent, an eligible Maxx-am employee, was covered by the Policy. The Policy provided decedent with $132,704.00 of coverage, and named dece dent’s wife, Crystal Nichols, as the beneficiary.