Lawless

Lawless v. Northwestern Mutual Life Insurance

Good Law
360 F. Supp. 2d 1046·2005 WL 40045·2005 U.S. Dist. LEXIS 8486
United States District Court, Northern District of CaliforniaJanuary 5, 200504-1732 MMCCalifornia4,244 words

Opinion

Opinion

Chesney, J.

ORDER DENYING PLAINTIFF’S MOTION FOR JUDGMENT; GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT; VACATING HEARING

Before the Court is plaintiff Maria Lawless’s motion for judgment by the Court, pursuant to Rule 52 of the Federal Rules of Civil Procedure, and defendants’ motion for summary judgment, pursuant to Rule 56. Having considered the papers filed in support of and in opposition to the motions, the Court deems the matters suitable for decision on the papers, VACATES the hearing scheduled for January 7, 2004, and rules as follows.

BACKGROUND

On May 31, 2001, plaintiff, an attorney, filed with defendants a claim for disability benefits under an employee benefits plan available through her employer. (See Administrative Record (“AR”) 123-24.)

The plan provides for disability benefits in the event a claimant, “as a result of Sickness, Accidental Bodily Injury or Pregnancy, [is] unable to perform with reasonable continuity the Material Duties of [her] Own Occupation.” (See AR at 45.) Under the plan, benefits are payable beginning after the “91st day of Disability in the first 105 days after [the claimant] become[s] Disabled.” (See AR 52.) The plan includes various “exclusions…

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