Ditcharo v. Stonebridge Life Insurance Company et al

Filing 22

ORDER AND REASONS granting 18 Motion for Summary Judgment. Signed by Judge Helen G. Berrigan on 04/02/2014. (kac)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JANE DITCHARO, individually
and as administratrix of the estate of
DOMINICK M. DITCHARO, JR.

CIVIL ACTION

VERSUS

NO. 13-5323

STONEBRIDGE LIFE INSURANCE
CO. AND MONUMENTAL GENERAL
INSURANCE GROUP

SECTION “C” (4)

ORDER AND REASONS
Before the Court is both defendants’ Motion for Summary Judgment. Rec. Doc. 18.
Plaintiff does not oppose.
Plaintiff brought this lawsuit to recover accidental death benefits under two policies
issued by defendants, as well as attorneys fees and costs under La. Rev. Stat. 22:1893 and
22:1973. Rec. Doc. 1. The complaint alleges improper, negligent, and/or bad faith drafting of the
deceased’s policy and handling of the plaintiff’s accidental death claims.
In their motion for summary judgment, defendants argue that this lawsuit is untimely
based on the plain language of the policies at issue in this case. Further, they contend that the
deceased’s lender, and not plaintiff, was the beneficiary under the deceased’s policy with
defendant Monumental.
Having examined the policies in question, the Court finds that defendants’
representations are accurate. Further, in light of the record, the applicable law, defendants’

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memorandum, and the lack of any opposition by plaintiff, the Court finds that defendants’
Motion for Summary Judgment is well-grounded and meritorious.
Accordingly,
IT IS ORDERED that defendants’ Motion for Summary Judgment is GRANTED. Rec.
Doc. 18.
IT IS FURTHER ORDERED that judgment be entered against plaintiff and in favor of
defendants dismissing this matter with prejudice.
New Orleans, Louisiana, this 2nd day of April, 2014.

____________________________________
HELEN G. BERRIGAN
UNITED STATES DISTRICT JUDGE

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