PLANK v. THE DEVEREUX FOUNDATION et al

Filing 13

ORDER THAT PLAINTIFF MARY PLANK'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART. JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF MARY PLANK AND DEFENDANT AETNA LIFE INSURANCE CO AS TO LIABILITY. THE REMAINDER OF THIS CASE IS REMANDED TO AETNA LIFE INSURANCE CO. FOR: CONSIDERATION OF THE AMOUNT OWED TO PLAINTIFF'S UNDER THE "OWN OCCUPATION" PROVISION; ETC.. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 2/2/15. 2/3/15 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

MARY PLANK,

:
:
Plaintiff,
:
v.
:
:
THE DEVEREUX FOUNDATION,
:
THE DEVERAUX FOUNDATION LONG :
TERM DISABILITY PLAN, and AETNA :
LIFE INSURANCE CO.,
:
:
Defendants.
:

CIVIL ACTION

NO.

13-7337

ORDER
AND NOW, this 2nd day of February, 2015, upon consideration of Plaintiff Mary Plank’s
Motion for Summary Judgment (Docket No. 8) and Defendant Aetna Life Insurance Co.’s
Response (Docket No. 10), it is hereby ORDERED that Plaintiff’s Motion is GRANTED IN
PART and DENIED IN PART, as follows:
1.

As to liability and damages owed under the “own occupation” provision of the
policy at issue, the Motion is GRANTED and Defendant shall pay to Plaintiff
benefits owed under that provision for the period from June 6, 2012 through
October 6, 2012.

2.

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

JUDGMENT IS ENTERED in favor of Plaintiff Mary Plank and against Defendant
Aetna Life Insurance Co. as to liability and Plaintiff’s entitlement to benefits under the “own
occupation” provision of the long term disability plan at issue.
The remainder of this case is REMANDED to Aetna Life Insurance Co. for:

1.

consideration of the amount owed to Plaintiff under the “own occupation”
provision; and

2.

determining whether Plaintiff is entitled to benefits under the “any
reasonable occupation” provision of the policy at issue.

It is so ORDERED.

BY THE COURT:

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