Opinion
No. 96 Civ. 3828 (LTS) (HPB)
March 29, 2002
In accordance with the Opinion and Order dated March 7, 2001, plaintiff submitted a proposed judgment calculating the amount of benefits to be restored to plaintiff. Defendant interposed opposition to plaintiff's proposed judgment. Having no factual basis for calculating the amount of benefits to be awarded plaintiff, the Court is therefore directing that judgment for plaintiff be entered in accordance with the terms of the insurance policy issued by defendant Unum Life Insurance Company of America. Plaintiff's application for attorneys' fees shall be determined by the Court pending the submissions of the parties as provided in the Court's Opinion and Order in this case.
SO ORDERED.
Upon the Court's of Findings of Fact and Conclusions of Law filed in this case on March 7, 2002, wherein the Court found that plaintiff was disabled within the meaning of an insurance policy issued by Unum Life Insurance Company of America (the "Policy") and that plaintiff is entitled to disability benefits under the Policy as of April 8, 1993, it is hereby ORDERED and ADJUDGED that defendant Unum Life Insurance Company of America shall restore disability benefits to plaintiff Marianne Locher retroactively, with interest, in accordance with the terms of the Policy, based on the disability date of April 8, 1993.