Paul Luu v. First Unum Life Insurance Company

Filing 79

JUDGMENT IN FAVOR OF PLAINTIFF PAUL LUU by Judge James V. Selna. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Judgment is entered in favor of Plaintiff Paul Luu ("Luu") and against Defendant First Unum Life Insurance Company ("Fi rst Unum"). Luu is awarded long-term disability benefits from First Unum for the 24 month "regular occupation" period of the of the Plan, February 19, 2016 to February 18, 2018, in the amount of $27,317.74, payable within 60 days . post judgment interest at the appropriate legal rate; and, costs in the amount of $691.49 (per Plaintiff's Application to the Clerk to Tax Costs, Document 71), payable within 60 days. As Luu is the prevailing party, he is awarded attorneys fees in the amount of $96,080.00. (es)

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UNITED STATE DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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PAUL LUU

CASE NO.: 8:18-cv-00970-JVSJDEx

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Plaintiff,

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vs.

JUDGMENT IN FAVOR OF
PLAINTIFF PAUL LUU

FIRST UNUM LIFE INSURANCE
COMPANY

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Defendant.

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Judgment

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is entered in favor of Plaintiff Paul Luu (“Luu”) and against Defendant

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First Unum Life Insurance Company (“First Unum”). The Court finds, as set forth

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in its November 14, 2019 Order Regarding ERISA Bench Trial, that Luu is

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disabled from his “regular occupation” pursuant to the terms of the MUFG Union

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Bank, N.A. (“Union Bank”) Long-Term Disability Plan (“Plan). As such, the Court

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overturns First Unum’s denial of Luu’s claim for long-term disability benefits.

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Luu is awarded long-term disability benefits from First Unum for the 24
JUDGMENT IN FAVOR OF PLAINTIFF PAUL LUU

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month “regular occupation” period of the of the Plan, February 19, 2016 to

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February 18, 2018, in the amount of $27,317.74, payable within 60 days.

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Plaintiff is further awarded prejudgment interest at the rate of .63%, 1.20%,

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and 1.81% for 2016, 2017, and 2018, respectively, such rates to be compounded

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monthly; post judgment interest at the appropriate legal rate; and, costs in the

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amount of $691.49 (per Plaintiff’s Application to the Clerk to Tax Costs,

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Document 71), payable within 60 days.

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As Luu is the prevailing party, he is awarded attorneys fees in the amount of
$96,080.00.
Further, Luu’s claim is ordered remanded to First Unum for consideration of

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Luu’s entitlement of benefits under the “any gainful occupation” definition of

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disability beginning on February 19, 2018.

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DATED: January 7, 2021
______________________________
HON. JAMES V. SELNA
United States District Judge

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JUDGMENT IN FAVOR OF PLAINTIFF PAUL LUU