Mhadbhi

ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND REMANDING MATTER TO PLAN ADMINISTRATOR

INTRODUCTION

Plaintiff filed suit under 29 U.S.C. 1132(a)(1)(B), the civil enforcement provision of the Employee Retirement. Income Security Act of 1974 (“ERISA”), to recover benefits allegedly due. This order DENIES the motion for summary judgment of defendant Jefferson Pilot Financial Insurance Company (“Jefferson Pilot”) and REMANDS the matter to the plan administrator for a redetermination of plaintiffs eligibility for benefits.

STATEMENT

Plaintiff worked as an assistant sales manager at Serramonte Auto Plaza, an automobile dealership. Serramonte provided its employees, including plaintiff, with disability insurance. A group insurance policy issued by Guarantee Life Insurance Company to Serramonte Auto Plaza set forth the terms of coverage (Maley Exh. 3).

Plaintiff suffers from diabetic neuropa-thy and alleges that this condition has rendered him unable to perform the main duties of his job. In February 2001, plaintiff submitted a short-term disability claim form to Guarantee Life Insurance (Maley Exh. 1). Included with plaintiffs submission was an “Attending Physician…