Gross-Rubio v. Metropolitan Life Insurance Company, 2:12-C V-01281-RFB-GWF. (2018)
Court: District Court, D. Nevada
Number: infdco20180706986
Visitors: 7
Filed: Jul. 05, 2018
Latest Update: Jul. 05, 2018
Summary: STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE RICHARD F. BOULWARE, II , District Judge . The parties have settled the pending lawsuit relating to Gross-Rubio's disability claim under the 24-month "own occupation" period, and Gross-Rubio's associated claim for attorneys' fees. Accordingly, the parties stipulate to dismissal of this action with prejudice. The parties agree, however, that MetLife has not fully addressed Gross-Rubio's claim under the "any occupation" standard applicable b
Summary: STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE RICHARD F. BOULWARE, II , District Judge . The parties have settled the pending lawsuit relating to Gross-Rubio's disability claim under the 24-month "own occupation" period, and Gross-Rubio's associated claim for attorneys' fees. Accordingly, the parties stipulate to dismissal of this action with prejudice. The parties agree, however, that MetLife has not fully addressed Gross-Rubio's claim under the "any occupation" standard applicable be..
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STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE
RICHARD F. BOULWARE, II, District Judge.
The parties have settled the pending lawsuit relating to Gross-Rubio's disability claim under the 24-month "own occupation" period, and Gross-Rubio's associated claim for attorneys' fees. Accordingly, the parties stipulate to dismissal of this action with prejudice.
The parties agree, however, that MetLife has not fully addressed Gross-Rubio's claim under the "any occupation" standard applicable beyond the initial 24-month period. Gross-Rubio has submitted a claim for disability benefits governed by the "any occupation" definition of disability. MetLife will review this claim in accordance with the Plan provisions, including the "any occupation" definition, and any other applicable limitations under the policy or law. Should Gross-Rubio disagree with MetLife's determination, she will retain full appeal rights from that determination. The dismissal of this lawsuit shall not prejudice Gross-Rubio's right to seek benefits under the "any occupation" definition of disability or pursue any administrative or legal remedies relating to those separate benefits.
IT IS SO ORDERED.
Source: Leagle
