BRANCA v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON

Filing 22

MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (#13) IS DENIED IN ITS ENTIRETY. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (#12) IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (#12) IS GRANTED AS TO LIABILITY AND DAMAGES OWED UNDER THE "OWN OCCUPATION" PROVISION OF THE POLICY AT ISSUE, AND DEFENDANT SHALL PAY TO PLAINTIFF BENEFITS OWED UNDER THAT PROVISION FOR THE PERIOD FROM 3/13/11 THROUGH 3/13/13. PLAINTIFF� 39;S MOTION FOR SUMMARY JUDGMENT (#12) IS DENIED AS TO LIABILITY AND DAMAGES OWED UNDER THE "ANY OCCUPATION" PROVISION OF THE POLICY AT ISSUE. JUDGMENT IS ENTERED, IN PART, IN FAVOR OF PLAINTIFF LINDA BRANCA AND AGAINST DEFENDANT LIBERTY LI FE ASSURANCE COMPANY OF BOSTON AS TO LIABILITY AND PLAINTIFF'S ENTITLEMENT TO BENEFITS UNDER THE "OWN OCCUPATION" PROVISION OF THE POLICY AT ISSUE. THE REMAINDER OF THIS CASE IS REMANDED TO LIBERTY LIFE ASSURANCE COMPANY OF BOSTON FOR: CONSIDERATION OF THE AMOUNT OWED TO PLAINTIFF; AND DETERMINING WHETHER PLAINTIFF IS ENTITLED TO BENEFITS UNDER THE "ANY OCCUPATION" PROVISION OF THE POLICY AT ISSUE. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 4/3/14. 4/4/14 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
LINDA BRANCA
Plaintiff
v.
LIBERTY LIFE ASSURANCE CO. OF
BOSTON
Defendant.

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CIVIL ACTION

NO. 13-740

ORDER
AND NOW, this 3rd day of April, 2014, upon consideration of the Plaintiff Linda
Branca’s Motion for Summary Judgment (Docket No. 12), Defendant Liberty Life Assurance
Company of Boston’s Response in Opposition (Docket No. 20), Defendant’s Motion for
Summary Judgment (Docket No. 13), Plaintiff’s Response in Opposition (Docket No. 19), it is
hereby ORDERED that:
1. Defendant’s Motion for Summary Judgment (Docket No. 13) is DENIED in its
entirety.
2. Plaintiff’s Motion for Summary Judgment (Docket No. 12) is GRANTED IN PART
AND DENIED IN PART as follows:
a.

Plaintiff’s Motion for Summary Judgment (Docket No. 12) is GRANTED
as to liability and damages owed under the “Own Occupation” provision
of the policy at issue, and Defendant shall pay to Plaintiff benefits owed
under that provision for the period from March 13, 2011 through March
13, 2013.

b.

Plaintiff’s Motion for Summary Judgment (Docket No. 12) is DENIED as
to liability and damages owed under the “Any Occupation” provision of
the policy at issue.

3. JUDGMENT IS ENTERED, in part, in favor of Plaintiff Linda Branca and against
Defendant Liberty Life Assurance Company of Boston as to liability and Plaintiff’s entitlement
to benefits under the “Own Occupation” provision of the policy at issue.
4. The remainder of this case is REMANDED to Liberty Life Assurance Company of
Boston for:
a.

consideration of the amount owed to Plaintiff; and

b.

determining whether Plaintiff is entitled to benefits under the “Any
Occupation” provision of the policy at issue.

It is so ORDERED.

BY THE COURT:

s/ Ronald L. Buckwalter
RONALD L. BUCKWALTER, S.J.

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