Shaw
Shaw v. Life Insurance Co. of North America
Opinion
Lead Opinion
Morrow, J.
FINDING OF FACT AND CONCLUSIONS OF LAW
Plaintiff Stephanie Shaw filed this action on October 14, 2014, against Life Insurance Company of North America (“LINA”). 1 Shaw alleges that she was denied long-term disability benefits to which she was entitled under a disability benefit plan (the “Plan”) established by her former employer, Colony Advisors, LLC (“Colony Advisors”). After reviewing the administrative record and considering the parties’ trial briefs, the court makes the following findings of fact and conclusions of law.
I.FINDINGS OF FACT
A. The Plan
1. The Plan is governed by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (“ERISA”), because it is an employee benefit plan funded by Shaw’s employer.
2. Colony Advisors, LLC and U.S. Affiliates are the Plan Administrators.
3. Under the Plan, an employee is considered disabled and entitled to payments if, “solely because of Injury or Sickness, he or she is (1) unable to perform the material duties of his or her Regular Occupation; and (2) unable to earn 80% or more of his or her indexed earnings from working in his or her Regular Occupation.” 4 An employee’s “Regular Occupation” is “[t]he…