Arnett
Arnett v. Hartford Life & Accident Insurance
Opinion
Opinion
Pregerson, J.
ORDER GRANTING PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES
This matter comes before the Court on Plaintiffs motion for attorneys’ fees. After reviewing and considering the materials submitted herein, the Court grants the motion and adopts the following order.
I. BACKGROUND
A. Plaintiffs Injuñes and, The Denial of Benefits
On November 11, 1997, Officer Arnett sustained injuries while on duty when his patrol car broadsided another ear at ap proximately fifty (50) miles an hour. Between 1997 and 2001 Officer Arnett was examined and treated by a number of physicians who ultimately determined that he had disabilities that prevented him from returning to full duties as a police officer. During this time, unable to fully perform duties required of a police officer, Officer Arnett began working as a police academy instructor.
On April 15, 2001, Officer Arnett, who was no longer working in any capacity, submitted a claim for long term disability benefits to Hartford Life and Accident Insurance Company (“Hartford”). The Physical Capabilities Evaluation form prepared by Dr. Stokes that accompanied the claim stated that Officer Arnett could only sit, stand, walk and drive for forty-five (45)…