Filed: Mar. 16, 2018
Latest Update: Mar. 16, 2018
Summary: ORDER JOSEPH F. SAPORITO, JR. , District Judge . AND NOW, this 16th day of March, 2018, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED THAT : 1. The defendant's motion for partial summary judgment (Doc. 43) is GRANTED in part and DENIED in part , as follows: a. The motion is GRANTED in part with respect to Count I of the complaint, and we FIND that, as a matter of law, the Policy affords short-term disability benefit payments of $2,000 per month for a maxi
Summary: ORDER JOSEPH F. SAPORITO, JR. , District Judge . AND NOW, this 16th day of March, 2018, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED THAT : 1. The defendant's motion for partial summary judgment (Doc. 43) is GRANTED in part and DENIED in part , as follows: a. The motion is GRANTED in part with respect to Count I of the complaint, and we FIND that, as a matter of law, the Policy affords short-term disability benefit payments of $2,000 per month for a maxim..
More
ORDER
JOSEPH F. SAPORITO, JR., District Judge.
AND NOW, this 16th day of March, 2018, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED THAT:
1. The defendant's motion for partial summary judgment (Doc. 43) is GRANTED in part and DENIED in part, as follows:
a. The motion is GRANTED in part with respect to Count I of the complaint, and we FIND that, as a matter of law, the Policy affords short-term disability benefit payments of $2,000 per month for a maximum period of twelve months after a Covered Accident; therefore, in the context of the undisputed material facts of this case, the plaintiff may recover no more than a maximum of $23,000 in total disability benefits;
b. The motion is GRANTED in part with respect to Count II of the complaint, and we FIND that, as a matter of law, the plaintiff's statutory bad faith claim is barred by the applicable statute of limitations; and
c. The motion is DENIED in part with respect to the remaining grounds for summary judgment on Count I advanced by the defendant;
2. The Clerk is directed to enter JUDGMENT in part in favor of the defendant with respect to Count I of the complaint inasmuch as we FIND that, as a matter of law, the Policy affords short-term disability benefit payments of $2,000 per month for a maximum period of twelve months after a Covered Accident, and therefore, in the context of the undisputed material facts of this case, the plaintiff may recover no more than a maximum of $23,000 in total disability benefits;
3. The Clerk is directed to enter JUDGMENT in favor of the defendant with respect to Count II of the complaint in its entirety on the ground that the plaintiff's statutory bad faith claim is barred by the applicable statute of limitations;
4. The remainder of the plaintiff's breach of contract claims under Count I of the complaint shall be set down for trial; and
5. The defendant's non-Daubert motion in limine to exclude the expert testimony of Christopher J. Knight (Doc. 52) is DENIED as moot.
