Ulsaker v. Lincoln National Life Insurance Company

Filing 33

ORDER entered re 16 Plaintiff Nashwa Ulsaker's Motion for Summary Judgment -and- 18 Lincoln National Life Insurance Company's Motion for Summary Judgment :IT IS ORDERED that 16 plaintiff Nashwa Ulsaker's Motion for Summary Ju dgment be, and the same hereby is, GRANTED, and that defendant 18 Lincoln National Life Insurance Company's Motion for Summary Judgment be, and the same hereby is, DENIED; and it is furtherORDERED that defendant Lincoln Natio nal Life Insurance Company award plaintiff long-term disability benefits under Group Long-Term Disability Insurance Police No. 000010089052 (the "Policy") for the period after the initial 24 motnh Own Occupation Period through the date of t his Order, to the extent that such benefits have not already been paid, and until such time as plaintiff may no longer be entitled to coverage under the Policy.The Clerk is directed to enter judgment pursuant to Fed. R. Civ. P. 58 in favor of pla intiff Nashwa Ulsaker and against defendant Lincoln National Life Insurance Company, and to forward copies of this Order and the accompanying Memorandum Opinion to all counsel of record.Signed by District Judge Anthony J Trenga on 09/30/2011. (kbro)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

NASHWA ULSAKER,
Plaintiff,

Case No. l:10-cv-1416 (AJT/TRJ)
LINCOLN NATIONAL LIFE

INSURANCE COMPANY,
Defendant.

ORDER

Upon consideration of plaintiffNashwa Ulsaker's Motion for Summary Judgment

[Doc. No. 16] and defendant Lincoln National Life Insurance Company's Motion for
Summary Judgment [Doc. No. 18], the memoranda and exhibits in support thereof and in

opposition thereto, the administrative record, and the arguments of counsel at a hearing on
July 1, 2011, and for the reasons stated in the Memorandum Opinion filed herewith, it is
hereby

ORDERED that plaintiff Nashwa Ulsaker's Motion for Summary Judgment [Doc.

No. 16] be, and the same hereby is, GRANTED, and that defendant Lincoln National Life
Insurance Company's Motion for Summary Judgment [Doc. No. 18] be, and the same
hereby is, DENIED; and it is further
ORDERED that defendant Lincoln National Life Insurance Company award plaintiff
long-term total disability benefits under Group Long-Term Disability Insurance Policy No.

000010089052 (the '"Policy") for the period after the initial 24 month Own Occupation
Period through the date of this Order, to the extent that such benefits have not already been

paid, and until such time as plaintiff may no longer be entitled to coverage under the Policy.
The Clerk is directed to enter judgment pursuant to Fed. R. Civ. P. 58 in favor of

plaintiffNashwa Ulsaker and against defendant Lincoln National Life Insurance Company,
and lo forward copies of this Order and the accompanying Memorandum Opinion to all
counsel of record.

Anthotfy .1. Irenga
United States District Judge
Alexandria. Virginia
September 30, 2011