Cheney v. Standard Insurance Company et al

Filing 94

MOTION by Defendants Long Term Disability Insurance, Standard Insurance Company for judgment , Standard Insurance Company's and the ERISA Plan's Motion for Entry of Judgment (Herring, Jacqueline)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION CAROLE CHENEY Plaintiff v. STANDARD INSURANCE COMPANY, and LONG TERM DISABILITY INSURANCE Defendants ) ) ) ) ) ) ) ) ) ) ) No. 1:13-cv-4269 Judge Robert W. Gettleman STANDARD INSURANCE COMPANY’S AND THE ERISA PLAN’S MOTION FOR ENTRY OF JUDGMENT Defendants, STANDARD INSURANCE COMPANY (“Standard”) and LONG TERM DISABILITY INSURANCE (the “Plan”) (collectively “Defendants”), by their attorney, Jacqueline J. Herring of Smith, von Schleicher & Associates, submit their Motion for Entry of Judgment, pursuant to Fed. R. Civ. P. 52(a): 1. Plaintiff Carole Cheney seeks payment of long term disability benefits under a group long term disability insurance policy (“Group Policy”) issued to Kirkland by Standard. The Group Policy is governed by the Employee Retirement Income Security Act of 1974, 29 U.S.C. §1001 et seq. (“ERISA”). 2. Standard correctly determined that Plaintiff failed to satisfy the terms and conditions for payment of disability benefits under the Group Policy before her coverage terminated. 3. Plaintiff fails to satisfy her burden of proving her eligibility for coverage and entitlement to benefits under the Group Policy. 4. Accordingly, judgment should be entered in favor of Standard and the Plan. WHEREFORE, defendants, STANDARD INSURANCE COMPANY and LONG TERM DISABILITY INSURANCE, respectfully request entry of judgment in their favor, dismissal of the Complaint with prejudice, and an award of their costs and reasonable attorneys’ fees under 29 U.S.C. §1132(g). Respectfully submitted, Jacqueline J. Herring (IL- 6282246) SMITH | VON SCHLEICHER + ASSOCIATES 180 N. LaSalle St. Suite 3130 Chicago, Illinois 60601 P 312.541.0300 | F 312.541.0933 By: /s/ Jacqueline J. Herring Attorney for Defendants, Standard Insurance Company and Long Term Disability Insurance 2 CERTIFICATE OF SERVICE I hereby certify that on May 8, 2017, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send notification of such filing on the following attorneys: Mark D. DeBofsky William T. Reynolds DeBofsky, Sherman & Casciari 200 W. Madison St., Suite 2670 Chicago, Illinois 60606 /s/ Jacqueline J. Herring SMITH | VON SCHLEICHER + ASSOCIATES 180 N. LaSalle St. Suite 3130 Chicago, Illinois 60601 P 312.541.0300 | F 312.541.0933 Illinois Bar No. 6282246   3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?