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Wernicki-Stevens v. Reliance Standard Life Ins. Co.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


July 15, 2009

MARLA WERNICKI-STEVENS, PLAINTIFF,
v.
RELIANCE STANDARD LIFE INS. CO., DEFENDANT.

The opinion of the court was delivered by: Eduardo C. Robreno, J.

ORDER

AND NOW, this 15th day of July, 2009, upon consideration of Plaintiff's motion for summary judgment (doc. no. 9), it is hereby ORDERED that the motion shall be GRANTED in part and DENIED in part.

Plaintiff's motion is GRANTED to the extent that it challenges Reliance's discontinuation of her long-term disability benefits, which were based on her neuropsychological impairment, if any.

Plaintiff's motion is DENIED to the extent that it challenges Reliance's discontinuation of her long-term disability benefits, which were based on her physical limitations.

IT IS FURTHER ORDERED that Defendant's motion for summary judgment (doc. no. 11) is GRANTED in part and DENIED in part.

Defendant's motion is GRANTED to the extent that it seeks summary judgment on its decision to discontinue Plaintiff's long-term disability benefits, which were based on her physical limitations.

Defendant's motion is DENIED to the extent that it seeks summary judgment on its decision to discontinue Plaintiff's long-term disability benefits, which were based on her neuropsychological impairment, if any.

IT IS FURTHER ORDERED that this case is REMANDED to the claim administrator so that it may determine the extent to which Plaintiff's "total disability" status prior to May 3, 2007 was based on a neuropsychological impairment, if at all, and for a calculation of the benefits due to Plaintiff for such a neuropsychological impairment, if any.

IT IS FURTHER ORDERED that the case shall be marked CLOSED.

AND IT IS SO ORDERED.

20090715

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