Lee v. Sun Life Assurance Company of Canada

Justia Dockets & Filings Ninth Circuit Oregon District Court Lee v. Sun Life Assurance Company of Canada

Lee v. Sun Life Assurance Company of Canada

Plaintiff:	Susan E Lee
Defendant:	Sun Life Assurance Company of Canada
Case Number:	3:2008cv00140
Filed:	January 31, 2008
Court:	US District Court for the District of Oregon
Office:	Portland Office
County:	Multnomah
Presiding Judge:	Janice M. Stewart
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1441 Petition for Removal- Breach of Contract
Jury Demanded By:	None

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Date Filed	Document Text
December 23, 2009	Filing 52 OPINION AND ORDER. Viewing defendant's decision with a heightened level of skepticism, I agree with Magistrate Judge Stewart's conclusion that defendant abused its discretion by: (1) concluding that Mr. Lee's death was "not accidental" without providing any explanation; and (2) improperly ignoring substantial evidence in the record indicating that the train trestle was "open to the public" under Oregon law. Accordingly, I ADOPT Magistrate Judge Stewart& #039;s Findings and Recommendation in its entirety. I DENY defendant's motion for summary judgment (doc. 19), and GRANT plaintiff's cross-motion for summary judgment (doc.25). IT IS SO ORDERED. Signed on 12/23/09 by Judge James A. Redden. (pvh)

Date Filed

Document Text

December 23, 2009

Filing 52 OPINION AND ORDER. Viewing defendant's decision with a heightened level of skepticism, I agree with Magistrate Judge Stewart's conclusion that defendant abused its discretion by: (1) concluding that Mr. Lee's death was "not accidental" without providing any explanation; and (2) improperly ignoring substantial evidence in the record indicating that the train trestle was "open to the public" under Oregon law. Accordingly, I ADOPT Magistrate Judge Stewart& #039;s Findings and Recommendation in its entirety. I DENY defendant's motion for summary judgment (doc. 19), and GRANT plaintiff's cross-motion for summary judgment (doc.25). IT IS SO ORDERED. Signed on 12/23/09 by Judge James A. Redden. (pvh)

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Plaintiff: Susan E Lee
Represented By:	Brian Richard Whitehead
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Defendant: Sun Life Assurance Company of Canada
Represented By:	William T. Patton
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