IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
September 15, 2011
JAMES MATSON, PLAINTIFF,
AXA EQUITABLE LIFE INSURANCE COMPANY, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Berle M. Schiller, J.
AND NOW, this 15thday of September, 2011, upon consideration Plaintiff's Motion for Summary Judgment, Life Insurance Company of North America's response thereto, Life Insurance Company of North America's Cross-Motion for Summary Judgment, Plaintiff's response thereto, AXA Equitable Life Insurance Company's Motion for Summary Judgment, Plaintiff's response thereto, following a hearing on August 18, 2011, and for the reasons provided in this Court's Memorandum dated September 15, 2011, it is hereby ORDERED that:
1. Plaintiff's motion (Document No. 26) is GRANTED in part and DENIED in part as follows:
a. Plaintiff is entitled to long-term disability benefits from Life Insurance Company of North America.
b. Plaintiff's request for attorneys' fees is DENIED.
2. Life Insurance Company of North America's cross-motion (Document No. 28)is DENIED as to the issue of coverage.
3. Life Insurance Company of North American is entitled to an offset based on Matson's receipt of social security disability benefits.
4. AXA Equitable Life Insurance Company's motion (Document No. 27) is GRANTED.
5. Plaintiff and Life Insurance Company of North America shall confer to resolve the issue of interest due to Matson. The parties shall notify the Court, in writing, of the status of this issue on or before Monday, October 3, 2011.
BY THE COURT:
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