Moody v. Liberty Life Assur. Co. of Boston

MEMORANDUM & ORDER

Re: Cross-Motions for Summary Judgment/Summary Adjudication

Plaintiff Michael Moody (“Moody”) brings this action under 29 U.S.C., section 1132 (a)(1)(B), seeking benefits under the Group Disability Income Policy (“the policy”) issued by Liberty Life Assurance Company of Boston (“Liberty”) to Moody’s former employer, Synopsis, Inc. Now before the court are the parties’ cross-motions for judgment. The court, having read and considered the documentary evidence and the written submissions of the parties, now makes the following Findings of Fact and Conclusions of Law. To the extent that any findings of fact are included in the Conclusions of Law section, they shall be deemed findings of fact, and to the extent that any conclusions of law are included in the Findings of Fact section, they shall be deemed conclusions of law.

FINDINGS OF FACT

1. Moody is a beneficiary under Group Disability Income Policy, sponsored by Synopsis, Inc. This is not disputed.

2. The policy contains the following definition, which delineates separate “own occupation” and “any occupation” provisions:

“Disability” or “Disabled” means:

P-006 (emphasis added).

3. The policy also…