Duncanson v. Royal & Sunalliance Group Life Insurance Policy

Filing 59

ORDER GRANTING 58 Stipulation re Remedies. Signed by Judge Jeffrey S. White on December 9, 2011. (jswlc3, COURT STAFF) (Filed on 12/9/2011)

Case3:10-cv-02898-JSW Document58
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Filed12/08/11 Page1 of 3

SEAN NALTY, ESQ. (SBN 121253)
Email: [e-mail]
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
525 Market Street, 17th Floor
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Real Party In Interest
LIFE INSURANCE COMPANY OF
NORTH AMERICA

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Laurence F. Padway, (SBN:89314)
Law Offices of Laurence F. Padway
1516 Oak Street, Suite 109
Alameda, California 94501
Telephone: [phone]
Facsimile : [phone]

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Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DEBRA DUNCANSON,
Plaintiff,

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v.
ROYAL & SUNALLIANCE GROUP LIFE
INSURANCE POLICY,

Case No.:

3:10-cv-02898-JSW

STIPULATION OF THE PARTIES RE
APPROPRIATE REMEDIES UNDER THE
COURT’S ORDER OF NOVEMBER 29, 2011
AND ORDER THEREON
Honorable Jeffrey S. White
Action Filed :

June 30, 2010

Defendant,
LIFE INSURANCE COMPANY OF NORTH
AMERICA,
Real Party In Interest.

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On November 29, 2011, the Court issued an order in this matter (“the Order”) which, among
other things, requested that the parties to this action submit a stipulation concerning the remedies to
which plaintiff Debra Duncanson (“plaintiff”) is entitled as a result of the Order. Pursuant to this
request, plaintiff, defendant Royal & Sunalliance Group Life Insurance Policy, and Real Party in
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Interest Life Insurance Company of North America (“defendants”)(collectively “the Parties”) hereby

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stipulate to the following:

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1.

(a) That pursuant to the Order dated November 29, 2011, plaintff shall be reinstated

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under the Waiver of Premium coverage with continuing authority by Life Insurance Company

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of North America to administer and adjudicate her disability status on an ongoing basis; and (b) The

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individual conversion policy ("conversion policy") issued to Ms. Duncanson is rescinded and the

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premium paid by Ms. Duncanson under the conversion policy shall be refunded.

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2.

The parties still are in the process of trying to resolve the following issues: (a) The

amount to be paid to plaintiff's attorney, if any, in attorney's fees and costs; (b) Plaintiff’s entitlement
to interest on the premium she paid on the conversion policy. The Parties want additional time to try
to resolve these issues. If these issues are not resolved, plaintiff will file a motion with the Court

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addressing these issues by December 29, 2011, defendants will file an opposition three weeks after the
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date of service of plaintiff’s motion, and plaintiff's reply will be filed two weeks after defendants’
opposition is served on her. The matter can be set for hearing at a date and time convienant for the
Court.
IT IS SO STIPULATED.

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DATED: December 7, 2011 /s/ Laurence F. Padway_____________
Laurence F. Padway
Law Offices of Laurence F. Padway
Attorneys for plaintiff

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DATED: December 7, 2011 /s/__Sean P. Nalty

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Sean P. Nalty
Wilson, Elser, Moskowitz, Edelman &
Dicker, LLP
Attorneys for Defendants & Real Party in Interest

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ORDER

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Filed12/08/11 Page3 of 3

If Plaintiff files such a motion, she must
PURSUANT TO STIPULATION IT IS SO ORDERED.
notice the hearing date for at least two weeks
after the reply brief is filed.

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December 9, 2011
Dated: ______________

___________________________
Hon. Jeffrey S. White
Judge of the United States District Court

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USDC NDCA Case # 10-cv-02892-JSW
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