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Bryant v. Hartford Life and Accident Insurance Co.

February 23, 2007

LINDA BRYANT PLAINTIFF
v.
HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY DEFENDANT



The opinion of the court was delivered by: Garnett Thomas Eisele United States District Judge

ORDER ON MOTIONS FOR JUDGMENT

Presently before the Court are the parties Motions for Judgment on the Record.

I. Background

Plaintiff Linda Bryant was employed as a cashier at Wal-Mart Stores, Inc. Because of her employment, Bryant was eligible for coverage under long-term disability (LTD) policy no. GLT205215 (the "Policy"), which was issued to Wal-Mart by Defendant Hartford Life and Accident Insurance Company. The Policy provides, in pertinent part:

"Total Disability or Totally Disabled means that:

(1) during the Elimination Period; and

(2) for the next 12 months, you are prevented by:

(a) accidental bodily injury;

(b) sickness;

(c) Mental Illness;

(d) substance abuse;

(e) pregnancy, from performing the essential duties of your occupation, and are under the continuous care of a Physician and as a result you are earning less than 20% of your Pre-disability Earnings, unless engaged ina program of Rehabilitation Employment approved by us.

After that, you must be so prevented from performing the essential duties of any occupation for which you are qualified by education, training or experience. "Your occupation" includes similar job positions with the Employer which may be offered to you, with a rate of pay 60% or greater of your indexed Pre-disability Earnings.

Partially Disabled means that you are prevented by Disability from doing all the material and substantial duties of your own or any occupation on a full-time basis, except that:

(1) you are performing at least one of the material duties of your own occupation on either a full-time or part-time basis;

(2) you are under the continuous care of a Physician; and

(3) you are currently earning 20% to 80% less per month than your Indexed Pre-disability Earnings due to the same injury or sickness that caused the disability. [Tr. 785, 898]. "'Disabled' means either Totally or Partially Disabled." [Tr. 790]. The Policy further provides:

You will be paid benefits if, while insured under the group policy, you:

(1) become Totally Disabled;

(2) remain Totally Disabled throughout the Elimination Period;

(3) remain Disabled beyond the Elimination ...


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