Stoneman v. The Paul Revere Life Insurance Company

Filing 32

JUDGMENT in favor of Plaintiff against Defendant. Judgment in the amount of $ 313,385. Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MARTIN STONEMAN,
Plaintiff,
Case No. 12-15334
v.
Hon. Patrick J. Duggan
THE PAUL REVERE LIFE INSURANCE
COMPANY,
Defendant.
____________________________________/
JUDGMENT
Plaintiff Martin Stoneman initiated this action against Defendant The Paul
Revere Life Insurance Company on December 5, 2012, raising a single breach of
contract claim in connection with a disability income insurance policy and rider
(collectively, the “Policy”) that Plaintiff purchased from Defendant. The parties
subsequently filed cross motions for summary judgment pursuant to Federal Rule
of Civil Procedure 56. Having determined that Plaintiff is totally disabled and
therefore entitled to lifetime disability benefits pursuant to the Policy, the Court
denied Defendant’s Motion for Summary Judgment and granted Plaintiff’s Motion
for Summary Judgment in an Opinion and Order dated December 20, 2013.
Accordingly,

IT IS ORDERED, ADJUDGED, AND DECREED that Judgment is
entered in favor of Plaintiff Martin Stoneman and against Defendant The Paul
Revere Life Insurance Company as follows:
1.

Plaintiff is totally disabled within the meaning of the Policy at issue in
this case, and Defendant shall pay total disability benefits to Plaintiff
in the monthly amount of $17,060.50 for the remainder of Plaintiff’s
life so long as Plaintiff remains totally disabled during his lifetime.

2.

Regarding the principal amount of benefits due to Plaintiff for the
period from when he turned age 65 on August 10, 2012 through
January 1, 2014, Defendant shall pay to Plaintiff the sum of
$284,910.35.

3.

Regarding the prejudment interest on the amount set forth in
paragraph 2 above (computed to January 24, 2014), Defendant shall
pay to Plaintiff the sum of $3,774.08.

4.

Regarding 12% interest due to Plaintiff pursuant to Michigan
Compiled Laws § 500.2006(4) on the monthly payments due to
Plaintiff for the period August 10, 2012 through January 24, 2014
Defendant shall pay to Plaintiff the sum of $24,700.68.

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5.

Post-Judgment interest and the 12% interest provided in Michigan
Compiled Laws § 500.2006(4) shall continue to accrue on any sums
not paid by January 25, 2014.

Date: January 24, 2014
s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE
Copies to:
Michael T. Price, Esq.
Keefe A. Brooks, Esq.
K. Scott Hamilton, Esq.

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