Mercer v. Life Insurance Co of North America

Filing 40

JUDGMENT adopting Report and Recommendations re 34 Report and Recommendations. IT IS ORDERED that 28 Motion for Summary Judgment is DENIED. IT IS FURTHER ORDERED that 24 Motion for Summary Judgment is DENIED, insofar as it seeks to re-visit the standard of review to be applied in this case. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Motion 24 is otherwise GRANTED. IT IS FURTHER ORDERED that Defendant continue to make long term disability benefit payments, from the entry o f this judgment, in the monthly amount specified in the Plan, subject to such offsets as are permitted in the Plan, until such time, if there comes such a time, that Life Insurance of North America makes an adverse determination, consistent with ERIS A and the Plan terms, that Plaintiff is no longer entitled to benefits. IT IS FURTHER ORDERED that attorney's fees are awarded in favor of Plaintiff in an amount to be jointly stipulated by the parties, or via contested motion, if, despite all reasonable and diligent efforts, the parties remain unable to agree upon a reasonable figure. IT IS FURTHER ORDERED that defendant bear all assessable court costs. Signed by Chief Judge Robert G James on 6/18/12. (crt,DickersonSld, D)