Curran

ORDER (1) GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT; AND, (2) DENYING DEFENDANT’S CROSS MOTION FOR PARTIAL SUMMARY JUDGMENT

(ECF Nos. 32, 33)

Presently before the Court are Plaintiff Robin Curran’s (“Plaintiff’) and Defendant United of Omaha , Life Insurance Company’s (“United”) cross motions for partial summary judgment on the standard of review. (PI. Mot. for Partial Summ. J., ECF No. 33; Def. Mot. for Partial Summ. J., ECF No. 32.) The Court heard oral argument on April 28, 2014 and the motions were taken under submission thereafter. Having considered the parties’ arguments and the law, the Court GRANTS Plaintiffs motion for partial summary judgment and DENIES United’s cross motion for partial summary judgment,

BACKGROUND

Plaintiff brings this action under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq. Plaintiff seeks long-term disability benefits under her employer-sponsored plan, known as the Pacific Monarch Resorts, Inc. Benefit Plan. (PL Mot. for Partial Summ. J. 2, ECF No. 33.) United issued the insurance policy funding the benefits (“the Policy”) and served as the plan administrator. (Id.) The Policy went into…