Porco

Porco v. Prudential Insurance Co. of America

Good Law

682 F. Supp. 2d 1057·2010 WL 330250·2010 U.S. Dist. LEXIS 4847

United States District Court, Central District of CaliforniaJanuary 19, 2010Case CV 08-01538California10,853 words

Opinion

Morrow, J.

FINDING OF FACT AND CONCLUSIONS OF LAW

On March 5, 2008, Frank Porco filed this action against the Prudential Insurance Companies of America (“Prudential”) and Superior Industries International, Inc. Long Term Disability Plan (the “Plan”). Porco alleges that he was denied long-term disability benefits to which he was entitled under the Plan, a long-term disability (“LTD”) benefit plan established by his employer Superior Industries International, Inc. (“Superior”), and insured by Prudential. Porco seeks retroactive reinstatement of benefits with prejudgment interest and attorneys’ fees. After reviewing the administrative record and considering the parties’ trial briefs, the court makes the following findings of fact and conclusions of law.

I.FINDINGS OF FACT

A. The Plan

1. The Plan is governed by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (“ERISA”), as it is an employee benefit plan funded by plaintiffs employer.

2. Prudential acted in the capacity of Plan Administrator.

3. Under the Plan, an employee is considered disabled and entitled to payments when the employee is “unable to perform the material and substantial duties of [his] regular…

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