Polnicky
Polnicky v. Liberty Life Assurance Co.
Opinion
lead Opinion
Illston, J.
ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
Cross-motions for summary judgment, filed by plaintiff Steven Polnicky and defendants Liberty Life Assurance Company *1146 of Boston (“Liberty Life”) and Wells Fargo & Company Long Term Disability Plan (“the Plan”), are scheduled for hearing on November 22, 2013. Pursuant to Civil Local Rule 7 — 1(b), the Court determines that this matter is appropriate for resolution without oral argument and VACATES the hearing. For the reasons set forth below, the Court GRANTS plaintiffs motion for summary judgment and DENIES defendants’ motion for summary judgment.
BACKGROUND
This is an action brought under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et. seq. The Plan is an “employee welfare benefit plan” under 29 U.S.C. § 1002 (1). Docket No. 27, Morris Decl. ¶ 3. The Plan is established and sponsored by Wells Fargo & Company for the benefit of its employees. Id. The Plan is insured by a group disability income policy issued by Liberty Life to Wells Fargo, Policy No. GF3-850-28942401 (“the Policy”). Id. ¶ 4 ; Docket No. 26, McGee Deck ¶ 3. The…