HEIM v. LIFE INSURANCE COMPANY OF NORTH AMERICA

Filing 34

ORDER THAT PLAINTIFF SHERYL HEIM'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART. LINA'S MOTION FOR SUMMARY JUDGMENT IS DENIED; ETC.. SIGNED BY HONORABLE J. WILLIAM DITTER, JR ON 3/21/12. 3/21/12 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SHERYL HEIM
vs.
LIFE INSURANCE COMPANY OF
NORTH AMERICA

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CIVIL ACTION

NO. 10-1567

ORDER
AND NOW, this 21st

day of March, 2012, it is hereby ORDERED that:

1. Plaintiff Sheryl Heim’s motion for summary judgment (Dkt. 24 ) is GRANTED in part
and DENIED in part.
(A) The parties are directed to confer as to the amount of judgment due for the
initial twenty-four month period of Heim’s eligibility for benefits. Within twenty-one days of
this order, Heim shall either submit a proposed Judgment Order setting forth the agreed upon
amount or, in the event the parties cannot agree, shall file a file a motion for judgment and LINA
may file a response within fourteen days of the date that motion is filed.
(B) The case is remanded to defendant Life Insurance Company of North America
(“LINA”) to determine, consistent with this opinion, Heim’s eligibility for disability benefits
after the initial twenty-four month period.
2. LINA’s motion for summary judgment (Dkt. 28) is DENIED.

3. If Heim desires to submit a petition for fees and costs, she shall do so within forty-five
days of this Order. LINA shall file a response within twenty-one days of the date the petition is
filed.

BY THE COURT:

/s/ J. William Ditter, Jr.
J. WILLIAM DITTER, JR., J.