Donachie v. Liberty Life Assurance Company of Boston et al
| John J. Donachie |
| Liberty Life Assurance Company of Boston, Liberty Mutual Holding Company, Inc. and Liberty Mutual Insurance Company |
| 2:2004cv02857 |
| June 25, 2012 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arlene R. Lindsay |
| Roslynn R. Mauskopf |
| Labor: E.R.I.S.A |
| 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits |
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| Document Text |
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Filing
70
ORDER DISMISSING CASE: It is hereby ORDERED that Doncahie's objection to liberty's benefits calculation is denied. The Clerk of Court is directed to close the case. Ordered by Judge Roslynn R. Mauskopf on 9/8/2016. (Taronji, Robert)
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Filing
43
MEMORANDUM AND ORDER: For the reasons set forth in the attached Memorandum and Order, summary judgment is GRANTED in favor of plaintiff's first claim for relief. Plaintiff's second and third claims for relief are DISMISSED as preempted by ERISA, and plaintiffs fourth claim is DISMISSED as moot. Defendant's motion for summary judgment as to named defendants Liberty Mutual Insurance Company and Liberty Mutual Holding Company, Inc. is GRANTED, but as to defendant Liberty Life Assura nce Company of Boston is DENIED. Liberty is ordered to calculate and award LTD benefits for the LTD plans 24-month own occupation period without delay, with appropriate pre-judgment interest but subtracting the applicable Social Security Disability o ffset. This matter is otherwise remanded to Liberty to determine whether plaintiff is entitled to any occupation disability benefits under the LTD plan. Having remanded this matter to the administrator for all outstanding purposes, the Clerk of Court is directed to close the case. Ordered by Judge Roslynn R. Mauskopf on 6/25/2012. (Mauskopf, Roslynn)
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