Cherene

Cherene v. First American Financial Corp. Long-Term Disability Plan

Good Law

303 F. Supp. 2d 1030·2004 WL 316392·32 Employee Benefits Cas. (BNA) 2733·2004 U.S. Dist. LEXIS 6216

United States District Court, Northern District of CaliforniaFebruary 18, 2004C 03-02226 MJJCalifornia5,144 words

Opinion

Jenkins, J.

ORDER GRANTING IN PART and DENYING IN PART Plaintiffs Motion for Summary Judgment, DENYING Defendants’ Motion for Summary Judgment, and REMANDING to Plan Administrator

This is an Employment Retirement Income Security Act (“ERISA”) lawsuit regarding plaintiff Beatrice Cherene’s long-term disability benefits. Now before the Court are cross motions for summary judgment by plaintiff and defendants First American Financial Corporation Long-Term Disability Plan and Hartford Life and Accident Insurance Company (“Hartford”). Having reviewed the memorandum submitted by the parties, and having had the benefit of oral argument, the Court hereby GRANTS IN PART and DENIES IN PART plaintiffs motion for summary judgment, DENIES defendants’ motion for summary judgment, and REMANDS the case to the plan administrator for a determination consistent with the principles set forth in this order.

BACKGROUND

The facts of this cases are generally not in dispute, and this background is based on the Joint Statement of Undisputed Facts submitted to the Court on December 9, 2003.

Cherene was employed by First American Financial Corporation (“First American”) as a Senior Escrow Officer. As a First American…

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