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MORRIS v. PAUL REVERE INS. GROUP

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


November 12, 1997

CALVIN MORRIS, Plaintiff,
v.
PAUL REVERE INSURANCE GROUP, Defendant.

The opinion of the court was delivered by: ORLOFSKY

ORDER

 This matter having come before the Court on the motion of Defendant, Paul Revere Life Insurance Company, for partial summary judgment and on the motions of Plaintiff, Calvin Morris, for partial summary judgment and for leave to file an amended complaint, Douglas F. Johnson, Esq. and Samantha Pettine, Esq., Earp, Cohn & Pendery, appearing on behalf of Defendant, and Mark A. Rinaldi, Esq., Morelli & Rinaldi, P.C., appearing on behalf of Plaintiff; and,

 The Court having considered Defendant's motion and the papers filed therewith, and Plaintiff's motion and the papers filed therewith, for the reasons set forth in the Court's OPINION, filed concurrently with this ORDER;

 IT IS, on this 12th day of November, 1997, hereby:

 

A. ORDERED that Defendant's motion for partial summary judgment is:

 

1. GRANTED as to the applicability of the Employee Retirement Income Security Act to the Group Policy;

 

2. GRANTED as to the applicability of the Employee Retirement Income Security Act to the Individual Policies;

 

3. GRANTED as to the applicability of the "arbitrary and capricious" standard of review to the Group Policy;

 

4. DENIED as to the applicability of the "arbitrary and capricious" standard of review to the Individual Policies;

 

5. GRANTED as to the limitation of the Court's review under the Group Policy to the administrative record;

 

6. DENIED as to the limitation of the Court's review under the Individual Policies to the administrative record; and,

 

7. DENIED as to Plaintiff's entitlement to benefits under the Group Policy; and,

 

B. IT IS FURTHER ORDERED that Plaintiff's motion for partial summary judgment is DENIED; and,

 

C. IT IS FURTHER ORDERED that Plaintiff's motion for leave to file an amended complaint is:

 

1. GRANTED as to allegations that the denial of benefits under the Group Policy was arbitrary and capricious;

 

2. DISMISSED as moot as to allegations that the denial of benefits under the Individual Policies was arbitrary and capricious; and,

 

3. DENIED as to joinder of additional parties.

 STEPHEN M. ORLOFSKY

 United States District Judge

19971112

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