Sabatino
Sabatino v. Liberty Life Assurance Co. of Boston
Opinion
Opinion
Wilken, J.
ORDER ON PARTIES’ CROSS-MOTIONS FOR SUMMARY JUDGMENT
Plaintiff Katherine Sabatino and Defendants Liberty Life Insurance Company of Boston (Liberty) and McKesson Corporation (McKesson) have filed cross-motions for summary judgment pursuant to Rule 56, Federal Rules of Civil Procedure. The parties have also moved in the alternative for summary adjudication of numerous issues. The matter was heard on April 18, 2003. After considering all the papers filed by the parties, including the parties’ supplemental briefs, and oral argument on the motions, the Court DENIES Defendants’ motion and GRANTS in part Plaintiffs motion.
BACKGROUND
Plaintiff challenges Liberty’s decision to deny her application for long-term disability benefits under the employee welfare benefits program of McKesson, her employer. Plaintiff claimed long-term disability benefits based on a hip condition. Liberty denied her claim because of an exclusion for pre-existing conditions and disputes that she is disabled. At issue is Plaintiffs effective date of coverage under the policy, because the pre-existing condition exclusion provision of the policy applies only to disabilities that begin in the first twelve months of…