UNUM Life Insurance Company of America v. Moitoso
Filing
29
MEMORANDUM AND ORDER granting Plaintiff's 16 Motion for Summary Judgment. Plaintiff may submit any claim for interest, costs, and attorneys fees within 14 days of entry of this Memorandum and Order. So Ordered by Chief Judge Mary M. Lisi on 9/20/2012. (Duhamel, John)
UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND
UNUM LIFE INSURANCE CO.
OF AMERICA
v.
C.A. NO. 11-342 ML
SHARON MOITOSO
MEMORANDUM AND ORDER
This is an action brought pursuant to 29 U.S.C. § 1132(a)(3) by a claims
administrator and plan insurer to recover an overpayment of long-term disability
benefits made to Defendant Sharon Moitoso (“Defendant” or “Moitoso”). Plaintiff has
filed a Motion for Summary Judgment to which Defendant has responded. Essentially,
Defendant does not dispute that she received an overpayment. She contests the
amount claimed by Plaintiff.
The matter is before the Court on Plaintiff’s Motion for Summary Judgment.
Although Defendant has filed an objection contending that “there are genuine issues of
material fact that exist which would preclude a finding (sic) of summary judgment”,
Defendant’s objection at 1, a close review of Plaintiff’s Local Rule CV 56 (a) Statement
of Undisputed Facts and Defendant’s Affidavit (Document #20) reveal that the only fact
Defendant disputes is the amount of overpayment claimed by Plaintiff.
Subsequent to the filing of Defendant’s objection and affidavit, Plaintiff sought,
and was granted, leave of Court to file a supplemental Memorandum and Affidavit in
support of its Motion for Summary Judgment. Those documents (Document #27 and
#28) advise that upon receipt of confirmation from the Social Security Administration
that Defendant’s Social Security Disability Income benefits terminated effective
February 1, 2010, Plaintiff recalculated the amount of long-term disability benefits
overpaid to Defendant. Per Defendant’s Supplemental Memorandum (Document #27),
“[t]here is now no dispute as to the amount and duration of Social Security Disability
Income benefits” Defendant received. Plaintiff now claims the sum of $37,469.42.
There being no genuine dispute that Plaintiff is entitled to recoup the
overpayment to Defendant in the amount of $37,469.42, Plaintiff’s Motion for Summary
Judgment is GRANTED. Plaintiff may submit any claim for interest, costs, and
attorneys fees within 14 days of entry of this Memorandum and Order
SO ORDERED:
/s/ Mary M. Lisi
Mary M. Lisi
Chief United States District Judge
September 20, 2012
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