Summary
finding it "unreasonable to contend that the Policy would pay more than one benefit for a Total Disability because an insured cannot become more disabled than totally disabled"
Summary of this case from Sussmann v. Ameritas Life Ins. Corp.Opinion
Case No. EDCV 15-399 JGB (SPx)
09-28-2015
FIDELITY SECURITY LIFE INSURANCE COMPANY, Plaintiff, v. BARBARA ELLEN DUNN-LEONARD, Defendant.
JUDGMENT
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Pursuant to the Order filed herewith, Plaintiff Fidelity Security Life Insurance Company's Motion for Summary Judgment is GRANTED.
The Court hereby FINDS that Defendant Barbara Ellen Dunn-Leonard is not entitled to separate, concurrent benefit payments for multiple disabling conditions pursuant to Fidelity Life Insurance Company Disability Income Policy No/ DI-139C.
The Court further FINDS that Defendant is not entitled to a subsequent Maximum Benefits Period pursuant to the same policy because she does not meet the policy's definition of "Actively at Work."
Judgment is entered in favor of Plaintiff.
IT IS SO ORDERED. Dated: September 28, 2015
/s/_________
THE HONORABLE JESUS G. BERNAL
United States District Judge