Backman
Backman v. Unum Life Insurance Co. of America
Opinion
Lead Opinion
Rogers, J.
Order Granting Motion for Judgment In Favor of Plaintiff; Granting Motion To Strike
Presently before the Court is Plaintiff Janet Backman’s (“Backman”) appeal of the denial by Defendant Unum Life Insurance Company of America (“Unum”) of disability benefits under a long term disability benefits plan covered by the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 , et seq. The parties filed cross-motions for judgment under Federal Rule of Civil Procedure 52 (Dkt. Nos. 23 and 26), and the Court heard the parties’ arguments on March 29, 2016.
Having considered the parties’ briefing, the administrative record 1 and other evidence submitted, 2 and the arguments of the parties, the Court issues the following determination which constitutes Findings of Fact and Conclusions of Law pursuant to Rule 52(a), and based thereon finds in favor of Plaintiff Janet Backman.
I. Applicable Legal Standard
Plaintiff appeals Unum’s denial of benefits under ERISA, 29 U.S.C. section 1132 (a)(1)(B), otherwise known as section 502. A beneficiary or plan participant may sue in federal court “to recover benefits due to him under the terms of his plan, to enforce his rights under the…