This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.


Employment Law
Retirement Benefits
ERISA

Igor Gunn v. Reliance Standard Life Insurance Company, Paine Webber Long Term Disability Plan, Paine Webber Medical Plan, Paine Webber Life Insurance Plans, Paine Webber Pension/Retirement Plan

Published: May 16, 2009 | Result Date: Jan. 9, 2009 | Filing Date: Jan. 1, 1900 |

Case number: 2:04-cv-01852-FMC-MAN Bench Decision –  $68,944

Court

USDC Central


Attorneys

Plaintiff

Corinne Chandler
(Kantor & Kantor LLP)

Glenn R. Kantor
(Kantor & Kantor LLP)


Defendant

Kevin P. McNamara
(Traub, Lieberman, Straus & Shrewsberry LLP)


Facts

Igor Gunn worked for UBS/Paine Webber. In 2001, Reliance Standard Life Insurance Co., which administered Paine Webber's long-term disability plan, approved Gunn's claim for benefits. It informed Gunn that he would receive benefits beyond 24 months only if he was totally disabled. Prior to the expiration of his benefits, Reliance conducted an investigation into Gunn's medical condition. Although Gunn's doctors informed Reliance that Gunn was totally disabled, Reliance concluded that Gunn could return to work. It then terminated Gunn's long-term benefits. Gunn sued Reliance and the Paine Webber Long Term Disability Plan for violating ERISA.

Contentions

PLAINTIFF'S CONTENTIONS:
Gunn claimed that termination of his benefits amounted to an abuse of discretion.

DEFENDANT'S CONTENTIONS:
The defense contended that Reliance made an impartial decision to terminate Gunn's benefits.

Result

The court awarded Gunn $68,944.


#85766

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390