Leonor v. Provident Life and Accident Company et al

Filing 67

AMENDED JUDGMENT in favor of Plaintiff/Counter-Defendant Louis Leonor against Defendants/Counter-Claimants, Provident Life and Accident and Paul Revere Life Insurance Company. Judgment in the amount of $ 711,772.54. and post judgment interest. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LOUIS LEONOR, DDS,
Plaintiff/Counter-Defendant,
v.

Case No. 2:12-cv-15343

PROVIDENT LIFE AND ACCIDENT
COMPANY, a Tennessee Corporation;
and PAUL REVERE LIFE
INSURANCE COMPANY, a
Massachusetts Corporation,

Hon. Robert H. Cleland

Defendants/Counter-Claimants.

Michael M. Jacob (P15391)
Jeffrey D. Wilson (P56376)
Young Basile Hanlon & MacFarlane, PC
3001 W. Big Beaver Road, Suite 624
Troy, MI 48084
[phone] / [phone] Fax
[e-mail]
[e-mail]
Attorneys for Plaintiff

K. Scott Hamilton (P44095)
Dickinson Wright PLLC
500 Woodward Avenue, Suite 4000
Detroit, MI 48226
[phone]
[e-mail]
Attorney for Defendants

AMENDED JUDGMENT
At a session of said Court
held in the City of Detroit in the County of Wayne
on August 26, 2015
Hon. ROBERT H. CLELAND
United States District Judge

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This Court having previously entered an Amended Judgment in favor of
Plaintiff/Counter-Defendant on August 5, 2014 (Docket Entry #57, pg. ID 1512)
which was appealed as of right by Defendants/Counter-Claimants to the Sixth
Circuit (Docket Entry #59, pg. ID 1516) and cross-appealed by the
Plaintiff/Counter-Defendant (Docket Entry #61, pg. ID 1519), and the Sixth Circuit
having affirmed the District Court’s grant of summary judgment to
Plaintiff/Counter-Defendant on his contract claims and reversed the denial of
penalty interest to Plaintiff/Counter-Defendant under MCLA 500.2006(4) and
remanded this case back to the District Court with instructions to modify and enter
a judgment accordingly, and the parties having agreed to this Amended Judgment
in accordance with the Sixth Circuit Judgment and Mandate for entry by the Court;
NOW THEREFORE;
IT IS HEREBY ORDERED AND ADJUDGED that Judgment is entered in
favor

of

Plaintiff/Counter-Defendant,

Louis

Leonor,

against

the

Defendants/Counter-Claimants, Provident Life and Accident Company and Paul
Revere Life Insurance Company, in the amount of $711,772.54, which includes
12% penalty interest through September 9, 2015. Post judgment interest shall
accrue at the penalty interest rate of 12% until the Judgment has been fully paid.
Further, beginning September 9, 2015, Defendants/Counter-Claimants shall pay to
Plaintiff/Counter-Defendant “Total Disability” benefits under the 0113 Policy for
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the remainder of his lifetime, and “Total Disability” benefits under the 8090 Policy
until he turns age sixty-five (65) in accordance with the terms and conditions of the
Policies.
Dated: August 26, 2015
S/Robert H. Cleland
United States District Judge
Approved For Entry:

/s/ Michael M. Jacob
Michael M. Jacob (P15391)
Jeffrey D. Wilson (P56376)
Young Basile Hanlon & MacFarlane PC
3001 W. Big Beaver Rd., Suite 624
Troy, MI 48084
[phone]
[e-mail]
Attorneys for Plaintiff

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/s/ K. Scott Hamilton
K. Scott Hamilton (P44095)
Dickinson Wright PLLC
500 Woodward Ave., Suite 4000
Detroit, MI 48226
[phone]
[e-mail]
Attorney for Defendant

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