Greenwood

Greenwood v. Hartford Life Insurance

Good Law
471 F. Supp. 2d 1049·2007 WL 268227·2007 U.S. Dist. LEXIS 9180
United States District Court, Central District of CaliforniaJanuary 24, 2007CV05-08727DDP(MANX)California1,894 words

Opinion

Opinion

Pregerson, J.

ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF SUMMARY JUDGMENT

This matter comes before the Court on the motion of defendant Hartford Life Insurance Company (Hartford) for summary judgment based on preemption of the plaintiffs claims by the Employee Retirement Income and Security Act of 1974 (ERISA) codified as amended at 29 U.S.C. §§ 1001-1461 . Based on review of the documents submitted by both parties, the Court denies the motion and adopts the following order.

I. BACKGROUND

This dispute arises from a long-term disability policy issued by Hartford to plaintiff Ann Greenwood. Greenwood is a dental hygienist by trade and a member of the American Dental Hygienists’ Association (ADHA). (Defendant’s Statement of Uncontroverted Facts (“DUF”) ¶ 4.) Greenwood purchased the policy in connection with the ADHA, and the policy requires that she be a member in good standing of that or any other participating organization to maintain her coverage. (DUF ¶¶ 1-2.) Thereafter, Greenwood suffered an injury that prevented her from the repetitive tasks of dental hygiene and asserted a claim on the policy. (DUF ¶ 5, Plaintiffs Statement of Genuine Issues (“PGI”) ¶…

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