MATSON v. AXA EQUITABLE LIFE INSURANCE COMPANY et al

Filing 36

MEMORANDUM AND ORDER THAT PLAINTIFFS MOTION FOR SUMMARY JUDGMENT (DOC. 26) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. LIFE INSURANCE COMPANY OF NORTH AMERICAS CROSS MOTION (DOC. 28) IS DENIED AS TO THE ISSUE OF COVERAGE. AXA EQUITABLE LIFE INSURANCE COMPANYS MOTION (DOC. 27) IS GRANTED. PLAINTIFF AND LIFE INSURANCE COMPANY OF NORTH AMERICA SHALL CONFER TO RESOLVE THE ISSUE OF INTEREST DUE TO MATSON. THE PARTIES SHALL NOTIFY THE COURT IN WRITING OF THE STATUS OF THIS ISSUE ON OR BEFORE 10/3/11.. SIGNED BY HONORABLE BERLE M. SCHILLER ON 9/15/11. 9/16/11 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAMES MATSON,
Plaintiff,
v.
AXA EQUITABLE
LIFE INSURANCE COMPANY, et al.,
Defendants.

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CIVIL ACTION

No. 10-5361

ORDER

AND NOW, this 15th day of September, 2011, upon consideration Plaintiff’s Motion for
Summary Judgment, Life Insurance Company of North America’s response thereto, Life
Insurance Company of North America’s Cross-Motion for Summary Judgment, Plaintiff’s
response thereto, AXA Equitable Life Insurance Company’s Motion for Summary Judgment,
Plaintiff’s response thereto, following a hearing on August 18, 2011, and for the reasons
provided in this Court’s Memorandum dated September 15, 2011, it is hereby ORDERED that:
1.

Plaintiff’s motion (Document No. 26) is GRANTED in part and DENIED in
part as follows:
a.

Plaintiff is entitled to long-term disability benefits from Life Insurance
Company of North America.

b.
2.

Plaintiff’s request for attorneys’ fees is DENIED.

Life Insurance Company of North America’s cross-motion (Document No. 28) is
DENIED as to the issue of coverage.

3.

Life Insurance Company of North American is entitled to an offset based on
Matson’s receipt of social security disability benefits.

4.

AXA Equitable Life Insurance Company’s motion (Document No. 27) is
GRANTED.

5.

Plaintiff and Life Insurance Company of North America shall confer to resolve the
issue of interest due to Matson. The parties shall notify the Court, in writing, of
the status of this issue on or before Monday, October 3, 2011.
BY THE COURT:

Berle M. Schiller, J.

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