Brown v. Life Insurance Company of North America

Filing 31

JUDGMENT in favor of defendant, Life Insurance Company of North America against plaintiff, Charlene Brown; claims dismissed with prejudice. Signed by Honorable Harry F. Barnes on July 28, 2009. (cnn)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION

CHARLENE BROWN

PLAINTIFF

VS.

CASE NO. 07-CV-1039

LIFE INSURANCE COMPANY OF NORTH AMERICA

DEFENDANT

JUDGMENT Before the Court is Plaintiff Charlene Brown's Complaint against Defendant Life Insurance Company of North America ("LINA") filed pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (Doc. No. 1). In her Complaint, Plaintiff alleges that LINA wrongfully denied her claim for accidental death benefits. Plaintiff filed an ERISA Brief on the Administrative Record. (Doc. No. 26). Defendant also filed an ERISA Brief on the Administrative Record. (Doc. No. 29). After conducting a de novo review of the Administrative Record and the parties' Briefs, for reasons discussed in the Memorandum Opinion of even date, the Court finds that the death of Plaintiff's husband, John Calvin Brown, is not a covered loss under LINA's Group Accident Policy OK 82 06 05. Accordingly, Plaintiff Charlene Brown's claim against Defendant Life Insurance Company of North America should be and hereby is dismissed with prejudice. IT IS SO ORDERED, this 28th of July, 2009. /s/Harry F. Barnes Hon. Harry F. Barnes United States District Judge