BRANCA v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON

Justia Dockets & Filings Third Circuit Pennsylvania Eastern District BRANCA v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON

BRANCA v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON

Plaintiff:	LINDA BRANCA
Defendant:	LIBERTY LIFE ASSURANCE COMPANY OF BOSTON
Case Number:	2:2013cv00740
Filed:	February 7, 2013
Court:	US District Court for the Eastern District of Pennsylvania
Office:	Philadelphia Office
County:	Montgomery
Presiding Judge:	RONALD L. BUCKWALTER
Nature of Suit:	Labor: E.R.I.S.A.
Cause of Action:	29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By:	None

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Date Filed	Document Text
May 15, 2014	Filing 31 MEMORANDUM AND ORDER THAT PLAINTIFF'S APPLICATION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS (#23) IS DENIED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 5/15/14. 5/15/14 ENTERED AND COPIES MAILED AND E-MAILED.(fdc)
April 3, 2014	Filing 22 MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (#13) IS DENIED IN ITS ENTIRETY. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (#12) IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (#12) IS GRANTED AS TO LIABILITY AND DAMAGES OWED UNDER THE "OWN OCCUPATION" PROVISION OF THE POLICY AT ISSUE, AND DEFENDANT SHALL PAY TO PLAINTIFF BENEFITS OWED UNDER THAT PROVISION FOR THE PERIOD FROM 3/13/11 THROUGH 3/13/13. PLAINTIFF� 39;S MOTION FOR SUMMARY JUDGMENT (#12) IS DENIED AS TO LIABILITY AND DAMAGES OWED UNDER THE "ANY OCCUPATION" PROVISION OF THE POLICY AT ISSUE. JUDGMENT IS ENTERED, IN PART, IN FAVOR OF PLAINTIFF LINDA BRANCA AND AGAINST DEFENDANT LIBERTY LI FE ASSURANCE COMPANY OF BOSTON AS TO LIABILITY AND PLAINTIFF'S ENTITLEMENT TO BENEFITS UNDER THE "OWN OCCUPATION" PROVISION OF THE POLICY AT ISSUE. THE REMAINDER OF THIS CASE IS REMANDED TO LIBERTY LIFE ASSURANCE COMPANY OF BOSTON FOR: CONSIDERATION OF THE AMOUNT OWED TO PLAINTIFF; AND DETERMINING WHETHER PLAINTIFF IS ENTITLED TO BENEFITS UNDER THE "ANY OCCUPATION" PROVISION OF THE POLICY AT ISSUE. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 4/3/14. 4/4/14 ENTERED & E-MAILED.(fdc)

Date Filed

Document Text

May 15, 2014

Filing 31 MEMORANDUM AND ORDER THAT PLAINTIFF'S APPLICATION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS (#23) IS DENIED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 5/15/14. 5/15/14 ENTERED AND COPIES MAILED AND E-MAILED.(fdc)

April 3, 2014

Filing 22 MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (#13) IS DENIED IN ITS ENTIRETY. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (#12) IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (#12) IS GRANTED AS TO LIABILITY AND DAMAGES OWED UNDER THE "OWN OCCUPATION" PROVISION OF THE POLICY AT ISSUE, AND DEFENDANT SHALL PAY TO PLAINTIFF BENEFITS OWED UNDER THAT PROVISION FOR THE PERIOD FROM 3/13/11 THROUGH 3/13/13. PLAINTIFF� 39;S MOTION FOR SUMMARY JUDGMENT (#12) IS DENIED AS TO LIABILITY AND DAMAGES OWED UNDER THE "ANY OCCUPATION" PROVISION OF THE POLICY AT ISSUE. JUDGMENT IS ENTERED, IN PART, IN FAVOR OF PLAINTIFF LINDA BRANCA AND AGAINST DEFENDANT LIBERTY LI FE ASSURANCE COMPANY OF BOSTON AS TO LIABILITY AND PLAINTIFF'S ENTITLEMENT TO BENEFITS UNDER THE "OWN OCCUPATION" PROVISION OF THE POLICY AT ISSUE. THE REMAINDER OF THIS CASE IS REMANDED TO LIBERTY LIFE ASSURANCE COMPANY OF BOSTON FOR: CONSIDERATION OF THE AMOUNT OWED TO PLAINTIFF; AND DETERMINING WHETHER PLAINTIFF IS ENTITLED TO BENEFITS UNDER THE "ANY OCCUPATION" PROVISION OF THE POLICY AT ISSUE. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 4/3/14. 4/4/14 ENTERED & E-MAILED.(fdc)

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Plaintiff: LINDA BRANCA
Represented By:	MARIE E. CASCIARI
Represented By:	MARK D. DEBOFSKY
Represented By:	LAWRENCE WEINSTEIN
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Defendant: LIBERTY LIFE ASSURANCE COMPANY OF BOSTON
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