Whitley v. Standard Insurance Company et al
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|Date Filed||#||Document Text|
|February 6, 2015
MEMORANDUM OF LAW & ORDER. IT IS HEREBY ORDERED: 1. Defendant Standard Insurance Company's Motion for Summary Judgment 30 is DENIED. 2. Plaintiff Gwendolyn Whitley's Motion for Summary Judgment 47 is GRANTED. 3. Defendant Standa rd Insurance Company abused its discretion in terminating Plaintiff Gwendolyn Whitley's long-term disability benefits by (a) arbitrarily and capriciously evaluating Plaintiff Whitley's claim under the "Own Occupation" of a family medicine physician rather than an emergency room physician; and (b) arbitrarily determining that Plaintiff Whitley was able to return to work on a full-time basis. 4. Plaintiff Gwendolyn Whitley is entitled to disability benefits from Defendant Standard Insurance Company under long-term disability insurance Group Policy No. 642850 from August 1, 2012, to the present, and ongoing disability benefits from Defendant Standard Insurance Company under long-term disability insurance Group Policy No. 642850 until such time as she is no longer "disabled" from her "Own Occupation" as an emergency medicine physician. 5. Defendant Lake Region Medical Group, P.A.'s Motion for Summary Judgment 42 is GRANTED. 6. Count II of the Amended Complaint against Defendant Lake Region Medical Group, P.A. is DISMISSED WITH PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Chief Judge Michael J. Davis on 2/5/15. (GRR)
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