Kevin Wilcox v. Dearborn Insurance Company

Case 2:21-cv-04605-JLS-JC Document Filed 01/26/ Page 1 of Page ID #:4239

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

KEVIN WILCOX, Case No. 2:21-cv-04605-JLS (JCx)

Plaintiff, FINDINGS OF FACT AND

CONCLUSIONS OF LAW RE:

v. CROSS MOTIONS FOR JUDGMENT (Docs. 38 and 46)

DEARBORN LIFE INSURANCE

COMPANY; AMGEN, INC. LIFE

INSURANCE PLAN,

Defendants. This action for arises out of Plaintiff Kevin Wilcox’s life insurance policy, under the terms of which Plaintiff claims entitlement to continued coverage and waiver of the premium due to disability. Resolution of whether Plaintiff is entitled to the waiver of the premium requires determination of whether Plaintiff remains “totally disabled” as that term is defined by the relevant policy. The parties have filed opening and responsive briefs. (See Docs. 38 & 47(Pltf.’s Op. and Resp. Br.); Docs. 46 & 47 (Def.’s Op. and Resp. Br.).) Defendant filed the administrative record. (See Doc. 44 (sealed).) Plaintiff filed two notices of supplemental authority. (Docs. 49 & 56.) As set forth herein, the Court determines that Plaintiff has…