Ordway

ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT and GRANTING IN PART MOTION FOR SUMMARY ADJUDICATION [doc. # 18]

Defendant Metropolitan Life Insurance Company (“MetLife” or “defendant”) moves for summary judgment or in the alternative, for partial summary judgment [doc. # 18]. The motion is fully briefed and has been submitted without oral argument. Having carefully considered the matters presented, the Court enters the following decision.

Factual and Procedural Background

David Ordway (“Ordway” or “plaintiff’) was the general manager of an automobile dealership, MiraMar Volkswagen Audi. On February 19, 2004, plaintiff underwent total knee replacement surgery. (Administrative Record (“AR”) 24) Because of post-operative arthrofibrosis, plaintiff had a second surgery for total knee replacement revision arthroplasty on June 7, 2004 (AR 89, 104) Plaintiff claims a disability as of September 30, 2004, as a result of right knee arthrofibrosis. Ordway was notified on September 24, 2004, that he was terminated from his employment effective October 1, 2004. (AR 79) Plaintiff last worked on September 23, 2004. (AR 180)

Plaintiff had a disability policy issued by MetLife through…