Neathery v. Chevron Texaco Corp, et al

Filing 199

AMENDED JUDGMENT in a civil case re 198 Motion. Judgment is entered in favor of Plaintiff, Teresa E. Neathery, and against Defendant Voluntary Group Accident Insurance Plan and Defendant On-the Job Accident Insurance Plan, erroneously sued as Chevron Texaco Corporation Group Accident Policy No. OK 826458 and defendant Accident Policy No. SLG-000784, in the total judgment amount of $1,242,808.60. Signed by Judge Jeffrey T. Miller on 12/18/09. (lao) av1).

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 This action came to trial or hearing before the Court. The issues have been tried or heard and a v. TERESA E. NEATHERY, an individual, Plaintiff, CASE NO.: 05cv1883 JM (CAB) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

CHEVRON TEXACO CORPORATION GROUP ACCIDENT POLICY NO. OK 826458 AND ACCIDENT POLICY NO. SLG-000784, group welfare benefits plans under ERISA, and DOES 1 through 10, inclusive, Defendants.

AMENDED JUDGMENT IN A CIVIL CASE Doc. No. 198

20 decision has been rendered. The Court issued its MEMORANDUM AND DECISION REVERSING 21 DEFENDANTS' DECISION TO DENY BENEFITS [Doc 167] on August 11, 2009. A JUDGMENT 22 IN A CIVIL CASE [Doc 168] was entered by the Clerk of the Court on August 12, 2009. An ORDER 23 TAXING COSTS [Doc 187] was entered by the Clerk of the Court on September 24, 2009. The Court 24 entered its ORDER GRANTING MOTION FOR INTEREST, ATTORNEY'S FEES, AND COSTS [Doc 25 194] on November 2, 2009. For purposes of clarification, the Court hereby enters this AMENDED 26 JUDGMENT IN A CIVIL CASE. 27 IT IS ORDERED AND ADJUDGED that the Court finds, based on a de novo review of the

28 administrative record in place at the time this litigation was initiated, Neathery's death was caused by

1 an "accident" covered under the Plans. LINA's denial of benefits to Plaintiff under the Plans is therefore 2 reversed. Judgment is entered in favor of Plaintiff, Teresa E. Neathery, and against Defendant Voluntary 3 Group Accident Insurance Plan and Defendant On-the Job Accident Insurance Plan, erroneously sued 4 as Chevron Texaco Corporation Group Accident Policy No. OK 826458 and defendant Accident Policy 5 No. SLG-000784, in the following amounts: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 DATED: December 18, 2009 20 21 22 23 24 25 26 27 28 2 Hon. Jeffrey T. Miller United States District Judge $275,000.00 against Voluntary Group Accident Insurance Plan which is the amount of the policy coverage; $500,000.00 against On-the Job Accident Insurance Plan which is the amount of the policy coverage; $49,828.00 pre-judgment interest against Voluntary Group Accident Insurance Plan; $92,537.00 pre-judgment interest against On-the Job Accident Insurance Plan; $9,750.00 reasonable costs, jointly and severally, against Voluntary Group Accident Insurance Plan and On-the-Job Accident Insurance Plan ; $1,177.60 court costs, jointly and severally, against Voluntary Group Accident Insurance Plan and On-the Job Accident Insurance Plan; and $314,516.00 attorney's fees, jointly and severally, against Voluntary Group Accident Insurance Plan and On-the Job Accident Insurance Plan $1,242,808.60 TOTAL JUDGMENT IT IS SO ORDERED.