Moody v. Liberty Life Assurance Company of Boston et al
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|Date Filed||#||Document Text|
|May 19, 2009
ORDER re 97 , 98 , 99 Disputes regarding amount of judgment: The parties shall jointly file, within ten (10) days of entry of this order, a proposed judgment, consistent with this order, specifying the exact amount to by paid; Signed by Judge Marilyn Hall Patel on 5/18/2009. (awb, COURT STAFF) (Filed on 5/19/2009)
|January 26, 2009
MEMORANDUM AND ORDER by Judge Marilyn Hall Patel: the court finds that defendant abused its discretion in denying plaintiff benefits during the own occupation term of the policy. Plaintiff's motion for judgment is GRANTED, and defendant's motion for judgment is DENIED. Defendant SHALL pay plaintiff benefits owed for the entire period of coverage under the own occupation provisions of the policy, minus any applicable offsets from Social Security benefits, state disability benefits, or other sources provided in the policy, including the $19,951.27 plaintiff owes from prior overpayments. The parties shall jointly file, within thirty days, a proposed judgment specifying the exact amount to by paid. Having decided that plainti ff was not disabled under the own occupation provision of the policy, defendant has not made a determination whether plaintiff is or was disabled under the any occupation policy provision at any time during the applicable time frame. The court REMAN DS the question of plaintiff's disability under the any occupation standard to defendant for determination according to its fiduciary duties and in a manner consistent with this memorandum and order. Defendant SHALL take into account in its initial determination any relevant evidence submitted by or on behalf of plaintiff within the next sixty days. (awb, COURT-STAFF) (Filed on 1/26/2009)
|November 25, 2008
STIPULATION AND ORDER RESETTING CROSS MOTIONS 70 66 for 12/22/2008 02:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 11/25/2008. (awb, COURT-STAFF) (Filed on 11/25/2008)
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