Suter v. UNUM Life Insurance Company of America et al

Filing 32

MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 2/7/2017. (awac, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

Kenette Suter,

Plaintiff,
Civil No. 1:16-cv-208

V.

UNUM Life Insurance Company of

America,

Defendant.

Memorandum Opinion

Thismatter comes before the courton PlaintiffKenette Suter's plea for declaratory

judgment against UNUM Life Insurance Company of America ("UNUM") under the Employee
Retirement Income Security Act of 1974 ("ERISA") seeking life insurance benefits due to her, as

beneficiary under the terms of her husband Michael Suter's employee benefit plan. Plaintiff
alleges that Defendant failed to provide benefits under ERISA, failed to conduct a fiill and fair

review under ERISA, and breached its fiduciary duty. The parties cross-moved for summary
judgment. For the reasons discussed below. Defendant's Motion for Summary Judgment, Dkt.
No. 17,is DENIED and Plaintiffs cross-Motion for Summary Judgment, Dkt. No. 20, is
GRANTED. The matter is remanded to the Plan Administrator for a review consistent with this
memorandum opinion.
I. Background

The following factual background, policy information, and procedural history are taken
from the claim folder associated with the ERISA review process. As discussed in Part II,