Opinion
Civil Action No. 05-83-FJP-SCR.
May 16, 2006
RULING
This matter is before the Court on Central United Life Insurance Company's motion for partial summary judgment. The plaintiffs have filed an opposition to defendant's motion. Although the Court set this matter for oral argument on May 25, 2006, upon further review of the record, the Court finds that no oral argument is required and defendant's motion for partial summary judgment should be granted.
Rec. Doc. No. 29.
Rec. Doc. No. 35.
The Court adopts by reference the decisions rendered in Ward v. Dixie National Life and Claybrook v. Central to support its decision. Thus, the Court finds as a matter of law that the term "actual charges" is unambiguous and means the amount that the insured is legally obligated to pay.
No. 03-3239 (D.S.C. May 10, 2006).
387 F. Supp. 2d 1199 (M.D. Ala. 2005).
The Court has considered all of the contentions of the parties whether specifically discussed herein or not.
The Court further finds that Hilda Jarreau is not entitled to penalties and attorney's fees under the facts of this case. Not only was Ms. Jarreau paid more money than the defendant was required to pay, it is clear that the defendant acted reasonably under the facts of this case. In short, the Court finds the delay in paying the Jarreau claim was reasonable.
Therefore:
IT IS ORDERED that Central United Life Insurance Company's motion for partial summary judgment is hereby GRANTED.
IT IS FURTHER ORDERED that the oral argument scheduled for may 25, 2006, is hereby cancelled.